Ex Parte 6365387 et al - Page 62

             Appeal No. 2007-0111                                                                                
             Reexamination 90/006,297                                                                            
        1          inert solvent, and (c) heating the mass at a temperature between room                         
        2          temperature and 120ºC and at a pressure between ordinary                                      
        3          atmospheric pressure and 100 atmospheres, to effect polymerization                            
        4          of said unsaturated hydrocarbon.  [Emphasis added.]                                           
        5                                                                                                        
        6          The specification of 03/514,097 disclosed the incorporation of “[s]mall                       
        7    amounts” of ethylene into the copolymer and thus indicated that ethylene is one of                  
        8    the “other olefinic monomers copolymerizable” with the CH2 = CHR unsaturated                        
        9    hydrocarbon monomer.  (Pages 12 and 32.)  Regarding the term “small amounts,”                       
       10    the specification enlightened one skilled in the relevant art as follows (pages 1-2):               
       11          This invention relates to a process for polymerizing unsaturated                              
       12          hydrocarbons of the formula                                                                   
       13                 CH2 = CHR                                                                              
       14          in which R is a saturated aliphatic, an alicyclic or an aromatic radical,                     
       15          alone, in mixture with one another, or in mixture with small amounts,                         
       16          up to about 5%, of a monomer polymerizable therewith.                                         
       17          Uniquely, the initial polymerization products obtained by the present                         
       18          method are mixtures of linear, head-to-tail amorphous and crystalline                         
       19          polymers having no branches longer than R.  The polymers can be                               
       20          separated from the polymerizate by fractional dissolution.  The                               
       21          crystalline polymers may comprise as high as 30% or even up to 55%                            
       22          of the mixture and have high molecular weights and fiber forming                              
       23          properties.  The amorphous polymers may also have relatively high                             
       24          molecular weights and may exhibit rubberlike properties.  [Emphasis                           
       25          added.]                                                                                       
       26                                                                                                        
       27          In addition, the specification stated (page 6):                                               

       28                 It has been found, also, that even when ethylene is polymerized                        
       29          with the aid of the special promoters obtained by reaction of the heavy                       
       30          metal and metal alkyl compounds, in the ratios proposed for                                   
       31          promoting ethylene polymerization, the presence of any substantial                            

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