Ex Parte Brookhart et al - Page 2



          Appeal No. 2004-1829                                                        
          Application No. 09/887,273                                                  

          methylene groups and at least two branches of different lengths             
          containing less than 6 carbon atoms each.  Further details of               
          this appealed subject matter are recited in representative claim            
          563 reproduced below:                                                       
                    563.  A process for the production of a                           
               polyolefin having at least 50 branches per 1000                        
               methylene groups and at least two branches of                          
               different lengths containing less than 6 carbon atoms                  
               each, comprising the step of polymerizing one or more                  
               monomers of the formula H2C=CH(CH2)eG wherein                          
                    G is hydrogen or -CO2R1,                                          
                    e is 0 or an integer of 1 to 20,                                  
                    R1 is hydrogen, hydrocarbyl or substituted                        
               hydrocarbyl, and                                                       
                    in at least 50 mole percent of said monomers G is                 
               hydrogen,                                                              
               by contacting said one or more monomers with a                         
               transition metal containing coordination                               
               polymerization catalyst under polymerizing conditions                  
               such that in said polyolefin:                                          
                    (i) the number of branches per 1000 methylene                     
               groups is 90% or less than the number of theoretical                   
               branches per 1000 methylene groups, or                                 
                    (ii) the number of branches per 1000 methylene                    
               groups is 110% or more of theoretical branches per                     
               1000 methylene groups; or                                              
                    (iii) when there should be no branches                            
               theoretically present, said polyolefin has 50 or more                  
               branches per 1000 methylene groups.                                    
               The examiner does not rely on any prior art to support the             
          rejection of the appealed claims.  (Examiner’s answer mailed                
          Oct. 6, 2003, paper 12, page 2.)                                            
               Claims 563 through 574 on appeal stand rejected under 35               
          U.S.C. § 112, ¶1, as being non-enabled.  (Id. at 3-9.)                      

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