Appeal No. 2007-0111
Reexamination 90/006,297
1 and 35 U.S.C. § 103 over United States Patent 3,058,963 issued to
2 Vandenberg on October 16, 1962.
3 35. On October 19, 1984, the patentees amended the rejected claims to
4 recite an aluminum alkyl cocatalyst and argued that Vandenberg is not
5 available as prior art.
6 36. The examiner, however, determined that the patentees were not
7 entitled to priority under 35 U.S.C. §§ 119 and 120 because the earlier
8 applications did not describe, within the meaning of 35 U.S.C. § 112,
9 ¶1, the subject matter of the rejected claims. (Final Office action
10 mailed on September 17, 1985, paper 13 of the ‘699 application.)
11 37. The patentees expressly abandoned the ‘699 application on September
12 10, 1986 in favor of a new application 06/906,600.
13 38. In the ‘600 application, the patentees attempted to obtain allowance
14 for an interpolymerization process comprising polymerizing ethylene
15 with a specified C4 or higher alpha-olefin, without any limitation on
16 the type of cocatalyst (i.e., the non-transition metal activator
17 component). (Amendment filed on December 14, 1987, paper 26.)
18 39. The examiner continued to finally reject these claims on various
19 grounds, including rejections under 35 U.S.C. §§ 102(e) and 103 over
20 Vandenberg. (Final Office action mailed on April 4, 1988, paper 28.)
17
Page: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
Last modified: September 9, 2013