Appeal No. 2007-0111
Reexamination 90/006,297
1 A. Claims 1-4, 8-13, 15, 21-26, 28, 31, 32, 35, 39-44, and 48-52 under 35
2 U.S.C. § 102(b) as anticipated by Vandenberg; and
3 B. Claims 1-52 under 35 U.S.C. § 103(a) as unpatentable over
4 Vandenberg.
5 Claims 1, 9, and 16, which are representative of the appealed claims, are
6 reproduced as follows:
7 1. A process which comprises polymerizing ethylene with an
8 alpha-olefin, CH2=CHR, wherein R is a saturated aliphatic radical
9 with 2 or more carbon atoms or a cycloaliphatic radical, in the
10 presence of a catalyst obtained by reacting an aluminum alkyl
11 compound with a catalytic titanium halide compound.
12
13 9. A process for preparing a copolymer comprising
14 copolymerizing monomeric olefin molecules comprising a monomeric
15 vinyl hydrocarbon having the formula CH2=CHR, wherein R is a
16 saturated aliphatic radical having at least 2 carbon atoms or is a
17 cycloaliphatic radical, in the presence of a catalyst comprising a
18 catalytic aluminum alkyl compound and a catalytic titanium halide
19 compound.
20
21 16. A process according to claim 9 wherein the monomeric
22 olefin molecules comprise ethylene, the monomeric vinyl
23 hydrocarbon is selected from the group consisting of 1-butene, 1-
24 pentene, and 1-hexene, the alkyl of the catalytic aluminum alkyl
25 compound is selected from the group consisting of ethyl, propyl,
26 butyl, and combinations of these alkyl groups, and the catalytic
27 titanium halide compound is a titanium chloride compound.
28
29 The patent owner contends that “the PTO took more than forty years before
30 it allowed the Natta et al. patent to issue...” and that the PTO has not acted on this
31 reexamination with “special dispatch” as required under the law. On the merits,
7
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