Appeal No. 2007-0111
Reexamination 90/006,297
1 claimed invention, not whether these applications describe the
2 claimed invention.”
3 86. The as-filed disclosures of 03/514,097 and 03/710,840 indicate to one
4 of ordinary skill in the art that when ethylene is copolymerized with a
5 specified unsaturated hydrocarbon monomer, it is copolymerized in
6 “small amounts, up to about 5%” to form “mixtures of linear, head-to-
7 tail amorphous and crystalline polymers having no branches longer
8 than R.” (03/514,097 specification at 1-2; 03/710,840 specification at
9 1.)
10 87. The ‘097 application, the first in the chain of United States
11 applications, was submitted with polymerization process claims that
12 are substantially different from the here appealed claims.
13 88. For example, claim 1 of 03/514,097 read:
14 1. A process for polymerizing unsaturated
15 hydrocarbons of the general formula
16
17 CH2 = CHR
18
19 in which R is selected from the group consisting of
20 saturated aliphatic, and alicyclic and aromatic radicals,
21 alone, in admixture with one another, or in admixture
22 with small amounts of other olefinic monomers
23 copolymerizable therewith, to obtain linear, regular,
24 head-to-tail polymers having substantially no branches
25 longer than R, which comprises the steps of (a) reacting a
26 catalytic heavy metal compound dissolved in an inert
28
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