Appeal No. 2007-0111
Reexamination 90/006,297
1 “olefin[] without a vinyl group” because it is plainly wrong. Ethylene is an olefin
2 (CH2=CH2), which contains a vinyl group (CH2=CH-). (Hawley’s Condensed
3 Chemical Dictionary (14th ed. 2002).) Further, we find nothing in the relied upon
4 disclosures that would reasonably convey to one skilled in the relevant art that the
5 patentees had possession of “copolymerizing monomeric olefin molecules [which
6 includes ethylene as seen from claim 16 and is of a considerably different scope
7 than “olefins without a vinyl group”] comprising a monomeric vinyl hydrocarbon
8 having the formula CH2=CHR...” as now recited in appealed claim 9. In any event,
9 the patent owner cannot relate back to the Italian priority applications because
10 neither the ‘097 nor the ‘840 application provides adequate written description for
11 the now claimed subject matter.
12 Merely because the original disclosure described a generic process for
13 polymerizing a monomer mixture comprising monomer A does not mean that the
14 applicant can later claim a process for polymerizing a monomer mixture
15 comprising monomers A and B. The originally described process encompassed, by
16 recitation of “comprising,” a virtually infinite number of possible unrecited
17 monomers copolymerizable with monomer A. This is not a sufficiently specific
18 description of a process involving polymerizing monomers A and B. Moreover, in
19 this case, the original disclosures informed one skilled in the art that when ethylene
20 is present, it is polymerized in “small amounts.”
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