Appeal No. 2007-0111
Reexamination 90/006,297
1 invention, not whether these applications describe the claimed
2 invention.
3
4 Moreover, neither of the as-filed disclosures of the patentees’ United States
5 applications 03/514,097 and 03/710,840 provides adequate written description for
6 the here appealed claims. To the contrary, the as-filed disclosures of 03/514,097
7 and 03/710,840 indicate to one of ordinary skill in the art that when ethylene is
8 copolymerized with a specified unsaturated hydrocarbon monomer, it is
9 copolymerized in “small amounts, up to about 5%” to form “mixtures of linear,
10 head-to-tail amorphous and crystalline polymers having no branches longer than
11 R.” (03/514,097 specification at 1-2; 03/710,840 specification at 1.)
12 Application 03/514,097, the first in the chain of United States applications,
13 was submitted with polymerization process claims that are substantially different
14 from the here appealed claims. For example, claim 1 of 03/514,097 read:
15 1. A process for polymerizing unsaturated hydrocarbons of the
16 general formula
17
18 CH2 = CHR
19 in which R is selected from the group consisting of saturated aliphatic,
20 and alicyclic and aromatic radicals, alone, in admixture with one
21 another, or in admixture with small amounts of other olefinic
22 monomers copolymerizable therewith, to obtain linear, regular, head-
23 to-tail polymers having substantially no branches longer than R,
24 which comprises the steps of (a) reacting a catalytic heavy metal
25 compound dissolved in an inert solvent with an metal alkyl compound
26 dissolved in an inert solvent, in the absence of air, (b) introducing at
27 least one of the unsaturated hydrocarbons to be polymerized into the
28 reaction product of the heavy metal and metal alkyl compounds in the
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