Ex Parte 6365387 et al - Page 65

             Appeal No. 2007-0111                                                                                
             Reexamination 90/006,297                                                                            
        1          where R is a radical containing 1 to 16 carbon atoms and is selected                          
        2          from the group consisting of alicyclic, aromatic and saturated aliphatic                      
        3          radicals, said polymerizates being selected from the group consisting                         
        4          of high molecular weight polymerizates comprising mixtures of                                 
        5          atactic, partially isotactic and highly isotactic homopolymers of the                         
        6          unsaturated hydrocarbon, polymerizates comprising linear, regular                             
        7          head-to-tail copolymers of said hydrocarbons with each other, and                             
        8          polymerizates comprising linear, regular head-to-tail copolymers of                           
        9          said unsaturated hydrocarbons with ethylene in which said unsaturated                         
       10          hydrocarbon predominates in the copolymer molecule, which                                     
       11          comprises the steps of (a) reacting a halide of a heavy metal selected                        
       12          from the group consisting of titanium, zirconium, hafnium, thorium,                           
       13          vanadium, tantalum, niobium, chromium, molybdenum, tungsten and                               
       14          uranium with a metallorganic compound of a metal selected from the                            
       15          group consisting of beryllium, magnesium, zinc, cadmium, boron and                            
       16          aluminum in an inert hydrocarbon solvent, in the absence of air, (b)                          
       17          introducing said material to be polymerized into the reaction product                         
       18          of the heavy metal halide and metallorganic compound in the inert                             
       19          solvent, and (c) heating the mass at a temperature between room                               
       20          temperature and 120ºC and at a pressure between atmospheric                                   
       21          pressure and 100 atmospheres to effect the polymerization.                                    
       22                                                                                                        
       23          As we have already noted, it was not until October 2, 1964 in the 03/710,840                  
       24    application that the patentees submitted a disclosure (in the form of a claim) that is              
       25    even generally descriptive of the now claimed subject matter, i.e., appealed claim                  
       26    1.  (Amendment filed October 2, 1964, paper 40½.)  The claim submitted on                           
       27    October 2, 1964 read:                                                                               
       28          A process which comprises interpolymerizing ethylene with another                             
       29          hydrocarbon having one terminal -CH = CH2 group and no other non-                             
       30          aromatic unsaturation, said other hydrocarbon having at least 4 carbon                        
       31          atoms per molecule, in the presence of a coordination catalyst, one                           
       32          component of which contains a Ti-Cl bond.                                                     
       33                                                                                                        


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