Appeal No. 2007-0111
Reexamination 90/006,297
1 amount of the higher olefines inhibits polymerization of the ethylene,
2 while the higher olefines, if they react at all, do so only at very low
3 reaction rates and, in any case, without yielding polymers of the type
4 with which this invention is concerned. [Emphasis added.]
5
6 The specification included a clear and unmistakable statement that ethylene,
7 if copolymerized, is present in only “small amounts.” This statement is reproduced
8 as follows (page 12):
9 The method of this invention may be used for polymerizing vinyl
10 hydrocarbons of the formula given including propylene, butene-1,
11 pentene-1, hexene-1, styrene, and so on, as well as mixtures thereof
12 and mixtures of the vinyl hydrocarbon with small amounts of ethylene.
13 [Emphasis added.]
14
15 Therefore, the first application in the chain of ancestor applications
16 described an invention that is not the same as that recited in the appealed claims.
17 In re Morris, 127 F.3d 1048, 1054, 44 USPQ2d 1023, 1027 (Fed. Cir. 1997) (“[I]t
18 would be unreasonable for the PTO to ignore any interpretive guidance afforded by
19 the applicant’s written description”).
20 Like application 03/514,097, application 03/710,840 contained the following
21 (page 1):
22 This invention relates to a process for polymerizing unsaturated
23 hydrocarbons of the formula
24 CH2 = CHR
25 in which R is a saturated aliphatic, an alicyclic or an aromatic radical,
26 alone, in mixture with one another, or in mixture with small amounts,
27 up to about 5%, of a monomer polymerizable therewith.
63
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