Ex Parte 6365387 et al - Page 29

             Appeal No. 2007-0111                                                                                
             Reexamination 90/006,297                                                                            
        1                 solvent with an metal alkyl compound dissolved in an                                   
        2                 inert solvent, in the absence of air, (b) introducing at least                         
        3                 one of the unsaturated hydrocarbons to be polymerized                                  
        4                 into the reaction product of the heavy metal and metal                                 
        5                 alkyl compounds in the inert solvent, and (c) heating the                              
        6                 mass at a temperature between room temperature and                                     
        7                 120ºC and at a pressure between ordinary atmospheric                                   
        8                 pressure and 100 atmospheres, to effect polymerization                                 
        9                 of said unsaturated hydrocarbon.  [Emphasis added.]                                    
       10                                                                                                        
       11          89. The ‘097 application disclosed the incorporation of “[s]mall amounts”                     
       12                 of ethylene into the copolymer and thus indicated that ethylene is one                 
       13                 of the “other olefinic monomers copolymerizable” with the CH2 =                        
       14                 CHR unsaturated hydrocarbon monomer.  (Pages 12 and 32.)                               
       15          90. Regarding the term “small amounts,” the specification enlightened                         
       16                 one skilled in the relevant art as follows (pages 1-2):                                
       17                 This invention relates to a process for polymerizing                                   
       18                 unsaturated hydrocarbons of the formula                                                
       19                        CH2 = CHR                                                                       
       20                 in which R is a saturated aliphatic, an alicyclic or an                                
       21                 aromatic radical, alone, in mixture with one another, or in                            
       22                 mixture with small amounts, up to about 5%, of a                                       
       23                 monomer polymerizable therewith.                                                       
       24                 Uniquely, the initial polymerization products obtained by                              
       25                 the present method are mixtures of linear, head-to-tail                                
       26                 amorphous and crystalline polymers having no branches                                  
       27                 longer than R.  The polymers can be separated from the                                 
       28                 polymerizate by fractional dissolution.  The crystalline                               
       29                 polymers may comprise as high as 30% or even up to                                     
       30                 55% of the mixture and have high molecular weights and                                 
       31                 fiber forming properties.  The amorphous polymers may                                  
       32                 also have relatively high molecular weights and may                                    
       33                 exhibit rubberlike properties.  [Emphasis added.]                                      

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