Ex Parte 6365387 et al - Page 64

             Appeal No. 2007-0111                                                                                
             Reexamination 90/006,297                                                                            
        1          Uniquely, the initial polymerization products obtained by the present                         
        2          method are mixtures of linear, head-to-tail amorphous and crystalline                         
        3          polymers having no branches longer than R.  The polymers can be                               
        4          separated from the polymerizate by fractional dissolution.  The                               
        5          crystalline polymers may comprise as high as 30% or even up to 55%                            
        6          of the mixture and have high molecular weights and fiber forming                              
        7          properties.  The amorphous polymers may also have relatively high                             
        8          molecular weights and may exhibit rubberlike properties.  [Emphasis                           
        9          added.]                                                                                       
       10                                                                                                        
       11          The specification further stated (pages 4-5):                                                 
       12          It has been found, also, that even when ethylene is polymerized with                          
       13          the aid of the special promoters obtained by reaction of the heavy                            
       14          metal and metal alkyl compounds, in the ratios proposed for                                   
       15          promoting ethylene polymerization, the presence of any substantial                            
       16          amount of the higher olefins inhibits polymerization of the ethylene,                         
       17          while the higher olefins, if they react at all, do so only at very low                        
       18          reaction rates and, in any case, without yielding polymers of the type                        
       19          with which this invention is concerned.  [Emphasis added.]                                    
       20                                                                                                        
       21          The specification, like the one in the prior ’097 application, included a clear               
       22    and unmistakable statement that ethylene, if copolymerized, is present in only                      
       23    “small amounts.”  This statement is reproduced as follows (page 10):                                
       24          The method of this invention may be used for polymerizing vinyl                               
       25          hydrocarbons of the formula given including propylene, butene-1,                              
       26          pentene-1, hexene-1, styrene, and so on, as well as mixtures thereof                          
       27          and mixtures of the vinyl hydrocarbon with small amounts of ethylene.                         
       28          [Emphasis added.]                                                                             
       29          And, original claim 1 of 03/710,840 read:                                                     
       30          A process for producing polymerizates of unsaturated hydrocarbons of                          
       31          the general formula                                                                           
       32                                                                                                        
       33                 CH2 = CHR                                                                              

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