Ex Parte 6365387 et al - Page 21

             Appeal No. 2007-0111                                                                                
             Reexamination 90/006,297                                                                            
        1                 The Reexamination                                                                      
        2          58. During reexamination, claims 35-52 were added.  (Id.)                                     
        3          59. In this reexamination, the examiner rejected the appealed claims as                       
        4                 follows: claims 1-4, 8-13, 15, 21-26, 28, 31, 32, 35, 39-44, and 48-52                 
        5                 under 35 U.S.C. § 102(b) as anticipated by Vandenberg; and claims 1-                   
        6                 52 under 35 U.S.C. § 103(a) as unpatentable over Vandenberg.                           
        7                 (Examiner’s answer mailed on March 14, 2006.)                                          
        8          60. Claims 1, 9, and 16, which are representative of the appealed claims,                     
        9                 are reproduced as follows:                                                             
       10                        1.  A process which comprises polymerizing                                      
       11                 ethylene with an alpha-olefin, CH2=CHR, wherein R is a                                 
       12                 saturated aliphatic radical with 2 or more carbon atoms or                             
       13                 a cycloaliphatic radical, in the presence of a catalyst                                
       14                 obtained by reacting an aluminum alkyl compound with a                                 
       15                 catalytic titanium halide compound.                                                    
       16                                                                                                        
       17                        9.  A process for preparing a copolymer                                         
       18                 comprising copolymerizing monomeric olefin molecules                                   
       19                 comprising a monomeric vinyl hydrocarbon having the                                    
       20                 formula CH2=CHR, wherein R is a saturated aliphatic                                    
       21                 radical having at least 2 carbon atoms or is a                                         
       22                 cycloaliphatic radical, in the presence of a catalyst                                  
       23                 comprising a catalytic aluminum alkyl compound and a                                   
       24                 catalytic titanium halide compound.                                                    
       25                                                                                                        
       26                        16.  A process according to claim 9 wherein the                                 
       27                 monomeric olefin molecules comprise ethylene, the                                      
       28                 monomeric vinyl hydrocarbon is selected from the group                                 
       29                 consisting of 1-butene, 1-pentene, and 1-hexene, the                                   
       30                 alkyl of the catalytic aluminum alkyl compound is                                      

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