Appeal No. 2007-0111
Reexamination 90/006,297
1 19. The so-called “small amounts of other olefinic monomers
2 copolymerizable therewith” encompasses ethylene.
3 20. In the ‘097 application, the patentees argued: “Appellants were the
4 first to produce and disclose a polymerizate of a higher alpha-olefin
5 such as propylene which was proved by them (by determination of the
6 X-ray data) to exhibit crystallinity.” (Appeal brief filed on October 7,
7 1959.)
8 21. On October 7, 1959, notwithstanding the examiner’s indication that
9 claim 105 would be allowed if rewritten in independent form, the
10 patentees appealed the examiner’s rejection of claims 80-104 to the
11 Board of Appeals. (Appeal brief filed October 7, 1959; Office action
12 mailed October 1, 1959; March 30, 2005 Decision at 20-24.)
13 22. Those appealed claims were directed to homopolymers of C3 or higher
14 olefins, thus excluding ethylene as a comonomer.
15 23. The Board of Appeals affirmed the examiner’s rejection (Paper 44,
16 entered as paper 42 on January 1, 1961).
17 24. On January 23, 1962, a Notice of Allowance of claim 105 in rewritten
18 form was mailed.
19 25. The patentees intentionally permitted the ‘097 application to be
20 abandoned in favor of related application 03/710,840.
14
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