Ex Parte 6365387 et al - Page 15

             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                   

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