Appeal No. 2007-0111
Reexamination 90/006,297
1 amount of unsaturated hydrocarbons in the situation where a third monomer is not
2 present, the appealed claims do not limit the amount of ethylene in a manner
3 commensurate with the description in the original claims of the ‘840 application.
4 The patent owner also relies on the description at page 4, lines 1-8 of the
5 ‘097 specification. There, the patentees disclose:
6 Although, as stated, the polymerization aids obtained by
7 reacting the heavy metal compound and metal alkyl compound in a
8 solvent inert to the polymer to be formed, such as a saturated aliphatic
9 hydrocarbon, were found useful in the production of high polymers of
10 ethylene, it was not apparent that those agents would be useful in the
11 polymerization of the unsaturated hydrocarbons containing the vinyl
12 group.
13
14 Again, this disclosure must be read with other portions of the disclosure, which
15 states that ethylene is polymerized in “small amounts” when copolymerized.
16 Furthermore, the appealed claims do not recite a catalyst “obtained by reacting the
17 heavy metal compound and metal alkyl compound in a solvent inert to the polymer
18 to be formed.”
19 The patent owner also advances arguments based on the disclosure in the
20 ‘097 application at page 6, second full paragraph (Exhibit 7). As with the
21 corresponding disclosure in the ‘840 application, we find nothing in the text of this
22 disclosure that would support the patent owner’s arguments. And, we decline to
23 credit the testimonies of the patent owner’s experts on this matter because the
24 testimonies are not reasonably consistent with the text of the ‘097 specification.
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