Ex Parte 6365387 et al - Page 34

             Appeal No. 2007-0111                                                                                
             Reexamination 90/006,297                                                                            
        1          103. The ‘840 application states (pages 4-5):                                                 
        2                        It has been found, also, that even when ethylene is                             
        3                 polymerized with the aid of the special promoters                                      
        4                 obtained by reaction of heavy metal and metal alkyl                                    
        5                 compounds, in the ratios proposed for promoting                                        
        6                 ethylene polymerization, the presence of any substantial                               
        7                 amount of the higher olefins inhibits polymerization of                                
        8                 the ethylene, while the higher olefins, if they react at all,                          
        9                 do so only at very low reaction rates and, in any case,                                
       10                 without yielding polymers of the type with which this                                  
       11                 invention is concerned.                                                                
       12                                                                                                        
       13          104. Original claim 1 of the ‘840 application uses the term “predominates”                    
       14                 to quantify the amount of unsaturated hydrocarbons having the                          
       15                 structure CH2=CHR, not ethylene.                                                       
       16          105. The appealed claims do not limit the amount of ethylene in a manner                      
       17                 commensurate with the description in the original claims of the ‘840                   
       18                 application.                                                                           
       19          106. The description at page 4, lines 1-8 of the ‘097 application states:                     
       20                        Although, as stated, the polymerization aids                                    
       21                 obtained by reacting the heavy metal compound and                                      
       22                 metal alkyl compound in a solvent inert to the polymer to                              
       23                 be formed, such as a saturated aliphatic hydrocarbon,                                  
       24                 were found useful in the production of high polymers of                                
       25                 ethylene, it was not apparent that those agents would be                               
       26                 useful in the polymerization of the unsaturated                                        
       27                 hydrocarbons containing the vinyl group.                                               
       28                                                                                                        




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