Appeal No. 2007-0111 Reexamination 90/006,297 1 26. In the ‘840 application, the patentees sought examination of claims 2 directed to the polymerization of one or more C3-C18 unsaturated 3 hydrocarbons optionally with ethylene in which the C3-C18 4 unsaturated hydrocarbon “predominates” to form polymers having a 5 specific structure. (March 30, 2005 Decision at 25-32.) 6 27. On June 16, 1958, the patentees introduced claim 14 directed to a 7 process for producing high molecular weight, partially crystalline 8 polymerization products of ethylene and propylene in the presence of 9 a catalysts selected from a wide variety of transition metal catalysts. 10 (Paper 6 of the ‘840 application.) 11 28. It was not until October 2, 1964 that the patentees submitted claims 12 somewhat similar to, but not of the same scope as, the appealed claims 13 of this reexamination for interference purposes. (Amendment filed on 14 October 2, 1964, paper 40.5) 15 29. The patentees urged the PTO to declare interferences against “any and 16 all other applications pending before the Patent office and claiming 17 the polymerization of unsaturated hydrocarbons within the formula 18 given, with the present catalysts,” (Amendment filed July 14, 1959, 19 paper 14 of the ‘840) thus precipitating various other interferences 20 unrelated to the subject matter on appeal. (Amendment filed on July 15Page: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
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