Appeal No. 2007-0111
Reexamination 90/006,297
1 107. The appealed claims of this reexamination do not recite a catalyst
2 “obtained by reacting the heavy metal compound and metal alkyl
3 compound in a solvent inert to the polymer to be formed.”
4 108. The term “olefins without a vinyl group” in Italian ‘109 includes an
5 indeterminate number of species.
6 109. Floyd’s Third Declaration (Appeal Brief, Exhibit 4, ¶18) states that
7 ethylene is an “olefin[] without a vinyl group.”
8 110. Ethylene is an olefin (CH2=CH2), which contains a vinyl group
9 (CH2=CH-). Hawley’s Condensed Chemical Dictionary (14th ed.
10 2002), copy attached.
11
12 The Vandenberg Reference
13 111. Vandenberg issued on October 16, 1962 and has an effective filing
14 date of April 7, 1955.
15 112. Vandenberg describes a process in which 2 parts ethylene and 10 parts
16 octene-1 (corresponding to the patent owner’s recited CH2=CHR
17 alpha-olefin) are copolymerized in the presence of: (i) a hydrocarbon-
18 insoluble reaction product prepared by mixing 0.0603 part of
19 diethylaluminum chloride (corresponding to the patent owner’s
20 recited aluminum alkyl compound) and 0.0475 part of titanium
35
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