Appeal No. 2007-0111
Reexamination 90/006,297
1 tetrachloride (corresponding to the patent owner’s recited titanium
2 halide compound) and used without aging; (ii) triethylaluminum
3 (corresponding to the appellant’s recited aluminum alkyl compound);
4 and (iii) n-heptane. (Example 53; Table V.)
5 113. Vandenberg teaches that mixing the titanium compound with an
6 organoaluminum compound forms a precipitate of lower valence
7 titanium compounds in the hydrocarbon solvent. (Column 1, lines 14-
8 55.)
9 114. The hydrocarbon-insoluble reaction product of Vandenberg’s
10 Example 53, like the titanium tetrachloride per se, corresponds to the
11 patent owner’s recited titanium halide compound.
12 115. The following table summarizes Vandenberg’s description of each
13 and every limitation of the invention in the appealed claim 1:
Appealed claim 1 Vandenberg
“A process which comprises “This invention relates to an improved
polymerizing ethylene” process for polymerizing olefins alone
or in admixture...” (column 1, lines 8-
10); 2 parts of ethylene described as a
comonomer (Example 53, Table V)
“with an alpha-olefin, CH2=CHR, octene-1 described as a comonomer
wherein R is a saturated aliphatic radical (Example 53, Table V)
with 2 or more carbon atoms or a
cycloaliphatic radical,”
“in the presence of a catalyst obtained in the presence of: (i) a hydrocarbon-
by reacting an aluminum alkyl insoluble reaction product prepared by
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