Ex Parte Lynch et al - Page 3

                Appeal  2007-2136                                                                                  
                Application  10/457,769                                                                            

                                                 DISCUSSION                                                        
                1.  CLAIMS                                                                                         
                       Claims 14-25 and 27-42 are on appeal.  Claims 1-13 are also pending                         
                but have been withdrawn from consideration by the Examiner.                                        
                       The claims have been argued in groups (Br. 5-14).  The claims within                        
                each group stand or fall together.  37 C.F.R. § 41.37(c)(1)(vii).  We will                         
                focus on claims 14 and 28,1 which are representative and read as follows:                          
                              14. A method of forming a polyolefin resin, the                                      
                       method comprising:                                                                          
                              a) forming a reaction mixture at a sufficient temperature                            
                       to allow formation of the polyolefin resin by combining                                     
                       molecular hydrogen, a first olefin selected from the group                                  
                       consisting of ethylene and C3-C8 α-olefin, an optional second                               
                       olefin selected from the group consisting of ethylene and C3-C8                             
                       α-olefin, a diluent, and a vanadium-containing catalyst system                              
                       that includes a modifier having formula I:                                                  
                                              (R1O)xSiR24-x          I                                             
                       where R1 and R2 are each independently alkyl and x is 1 to 3,                               
                       wherein the modifier is added at any point during the formation                             
                       of the polyolefin resin; and                                                                
                              b) initiating polymerization of the reaction mixture;                                
                              wherein the first olefin is different than the second olefin                         
                       and the polyolefin resin has a density greater than about 0.92, a                           
                       melt index from about 0.01 to about 20, and a long chain                                    
                       branching index of greater than about 1.                                                    
                              28. A method of forming a polyolefin resin, the                                      
                       method comprising:                                                                          
                                                                                                                  
                1 Appellants also separately argue claim 41 (Br. 9).  Appellants’ argument is                      
                addressed below but we find it unnecessary to reproduce that claim.                                
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