Invalidity dossier

US 4504592

Polymerization catalyst for the preparation of ethylene polymer

Current assignee: Stamicarbon BV

Added 9/29/2026, 11:58:20 AM

At a glanceNo PTAB challengesNo litigation on fileIndustrial Manufacturing (IM)

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Patent summary

Title, assignee, inventors, filing/issue dates, abstract, and a plain-language overview of the claims.

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US Patent 4,504,592 — Verification Summary

Grounding note: I confirmed the bibliographic record against the full patent text (Google Patents, https://patents.google.com/patent/[US4504592](/patent/US4504592)/en, fetched 2026‑09‑29) and against Justia Patents (https://patents.justia.com/patent/4504592), which agree. Search coverage of USPTO and the CAFC docket was limited to what general web search surfaces; I could not query PACER/CAFC's docket system directly, so the litigation statement below reflects absence of evidence rather than a verified negative.

Bibliographic data

Field Value
Patent number US 4,504,592 A (literal: 4504592)
Title "Polymerization catalyst for the preparation of ethylene polymer"
Assignee Stamicarbon B.V. (Geleen, Netherlands)
Inventors Lambertus J. M. A. van de Leemput (Echt); Godefridus A. H. Nooijen (Helden‑Panningen); Hendrikus W. van der Loo (Munstergeleen)
Application no. 06/560,513
Filing date December 13, 1983
Priority date May 7, 1980 (NL 8002599)
Issue date March 12, 1985
Primary examiner / law firm W. J. Shine / Cushman, Darby & Cushman
Status Expired — Fee Related; lapsed for failure to pay maintenance fees effective 1997‑03‑12; anticipated expiration 2002‑03‑12

Continuity (important for reading this patent)

The specification states: "This is a continuation of application Ser. No. 418,021 filed Sept. 14, 1982, now abandoned, which in turn is a division of application Ser. No. 261,738 filed May 7, 1981, now issued as U.S. Pat. No. 4,382,020." The family therefore includes US 4,382,020 (parent, "Process for the preparation of an olefin polymerization catalyst") and US 4,435,551 (sibling divisional, "Process for the polymerization or copolymerization of ethylene..."), with EP 0 039 971 B1 as the European counterpart. This patent is the catalyst-composition member of that trio.

Abstract (as issued)

An improved supported chromium-containing catalyst is prepared by reacting (1) a chromium chelate of a 1,3-diketo compound and (2) a vanadium chelate or vanadyl chelate of a 1,3-diketo compound, separately or jointly, with (3) an organometallic compound of a Group II or III element; jointly contacting the reaction products with an inert inorganic support to deposit them thereon; and heating the supported product in a non-reducing atmosphere at 200–1200 °C. The 1,3-diketo compounds of (1) and (2), which may be the same or different, have the formula R¹–C(=O)–CH(R²)–C(=O)–R³, where R¹ and R³ are C₁–C₁₀ alkyl and R² is C₁–C₁₀ alkyl or hydrogen. The catalyst may be used alone or with a Group II/III organometallic compound in ethylene polymerization, or copolymerization of ethylene with up to 15 mole percent of one or more α-alkenes of 3–15 carbons.

Claim overview

There is exactly one claim (claim 1); no dependent claims. It is an independent product-by-process claim to a supported chromium oxide type catalyst.

Plain-language reading of claim 1:

  1. Premise clause — A supported "chromium oxide type" catalyst for olefin polymerization, described as being formed by depositing the reaction product of a chromium-1,3-diketo compound and a Group II/III organometallic compound on a support and then heating in a non-reducing atmosphere at 200–1200 °C.
  2. Step (a) — Reaction in inert solvent: In a solvent inert to all three reactants, react (1) a chromium chelate of a 1,3-diketo compound and (2) a vanadium chelate or vanadyl chelate of a 1,3-diketo compound — separately or jointly — with (3) an organometallic compound of a Group II or III element bearing hydrocarbyl groups of 1–20 carbons bound to the element through a carbon atom.
  3. Step (b) — Deposition: Jointly contact the resulting solution containing the reaction products of (1), (2) and (3) with an inert inorganic support, depositing those products on it.
  4. Step (c) — Activation: Heat the loaded support in a non-reducing atmosphere at about 200–1200 °C.
  5. Formula limitation: The 1,3-diketo compounds of (1) and (2), same or different, have the formula (structure ##STR4## in the original) where R¹, R², R³ are same or different; R¹ and R³ are C₁–C₁₀ alkyl; R² is C₁–C₁₀ alkyl or hydrogen.

Key points of scope and drafting:

  • The distinguishing feature relative to the cited Stamicarbon prior art (US 4,146,695) is the co-presence of the vanadium/vanadyl 1,3-diketo chelate reacted together with the chromium chelate and the Group II/III organometallic.
  • The claim is product-by-process: the catalyst is defined by the steps used to make it, not by measurable compositional parameters.
  • Literal-text inconsistency worth flagging: the claim's introductory clause recites deposition on "an inert organic supporting material," while the operative step (b) and the entire specification recite "an inert inorganic supporting material." Both the Google Patents text and the Justia text render it this way, so I am reporting it literally rather than correcting it. This is almost certainly a typographical error in the granted claim, but as issued the two recitations do not match, and I cannot confirm from these sources whether a certificate of correction ever issued.

Litigation / CAFC check

  • No CAFC (or district court) activity involving this patent was found. Given the lapse for non-payment effective March 12, 1997, and the anticipated expiration in 2002, the absence of any 2026 CAFC docket entry is expected and consistent.
  • Caution on identifier collision: a search for "4504592" also returns Japanese Patent No. 4504592 (JP P4504592), granted 2010-04-30 to Fuji Machine Manufacturing Co. (electronic-component clamping mechanism by Isogai Takeyoshi et al.). That is an entirely unrelated document that merely shares the numeric string; it is not the same patent and should not be merged into this record. Similarly, JPH0232286B2, JPS5728109A, and JPH01266110A in the family listing are Japanese family members/counterparts, not separate US rights.

Prior art cited on the face of the patent

US 3,033,844 (Peters et al.); US 3,635,840 (Hinton et al., Phillips); US 4,146,695 (van de Leemput, Stamicarbon). Of these, US 3,635,840 and US 4,146,695 are discussed at length in the specification as the closest art, and US 3,635,840's data (melt index 0.17 vs. 0.18 over a 3.3 °C temperature change) is used as the comparison baseline for the claimed catalyst's improved temperature sensitivity.

Uncertainty statements

  • Bibliographic data, claim text, and abstract are authoritative (taken from the full patent text).
  • Not verified: whether any certificate of correction addressed the "organic/inorganic" discrepancy in claim 1; any post-issuance USPTO proceedings; and any litigation, since I could not query PACER or the CAFC docket system directly and web search returned no relevant hits.

Generated 9/29/2026, 11:58:40 AM

Cases on file (0)

Specific litigation cases in our database that name US patent 4504592. The free-form analysis below may also discuss cases beyond this list.

No cases on file mention this patent. Upload a CSV or add a case manually in Admin → Manage litigation cases.

Litigation summary

Past and pending lawsuits — plaintiffs, defendants, jurisdictions, outcomes, and notable rulings.

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Litigation Search — US Patent 4,504,592

Bottom line: No litigation involving US Patent 4,504,592 was found. Based on my searches of patent-litigation-oriented sources, no district court case, CAFC appeal, ITC investigation, or PTAB proceeding naming this patent appears to exist. I am reporting a verified negative as to what the accessible sources show, not a certified global negative — see the limitations note at the end.

What I searched and what surfaced

Query Result
US patent 4504592 litigation No relevant hits (returned Chinese-language securities Q&A, unrelated)
"4504592" patent infringement lawsuit Only unrelated documents sharing the numeric string
Unified Patents portal (portal.unifiedpatents.com/litigation/caselist) No case list entry for 4,504,592; Unified's PTAB docket listing (Ex. 2041, IPR2020‑01201) tabulates ~hundreds of Unified IPR filings and 4,504,592 does not appear
Docket Alarm PTAB/District queries via index No docket for 4,504,592
Stamicarbon patent 4,504,592 lawsuit defendant No polymer-catalyst suit; only unrelated Stamicarbon urea cases
Justia Patents record (https://patents.justia.com/patent/4504592) Bibliographic + claims only; no "Litigation" or "Related Litigation" section

Identifier collisions to disregard (do NOT merge into this record)

These documents share only the numeric string "4504592" and are entirely unrelated:

  • JP Patent No. 4504592 (P4504592) — Fuji Machine Manufacturing Co., granted 2010‑04‑30; electronic-component clamping mechanism (Isogai Takeyoshi et al.). A Japanese patent, not the Stamicarbon US patent.
  • Colombian court document citing "FACTURA 4504592" — an invoice number in a Colombian judicial collection matter (ramajudicial.gov.co). Not a patent.
  • Lithuanian registry notice ("Pranešimo Nr. 4504592") — a corporate-registry publication number. Not a patent.

Stamicarbon cases that are NOT this patent

My searches surfaced genuine Stamicarbon litigation, but all of it concerns unrelated urea-technology patents, not the polyethylene catalyst patent at issue:

  • Stamicarbon, N.V. v. Chemical Construction Corp., 544 F.2d 645 (3d Cir. 1976) (No. 75‑2384, decided Oct. 21, 1976) — § 146 review of a patent interference over urea synthesis (Mavrovic/Bongard). Reversed in part.
  • Stamicarbon, N.V. v. Escambia Chemical Corp., 430 F.2d 920 (5th Cir. 1970) — urea-process infringement (van Waes patent, US 2,727,069).
  • Urea Casale SA v. Stamicarbon BV, 2002 FCA 10 (Fed. Ct. App. Canada) — Canadian urea-process matter.

None of these involve US 4,504,592 or its family (US 4,382,020 / US 4,435,551).

Why the absence is consistent with the record

This aligns with the family/status data from the verified record:

  • The patent lapsed for failure to pay maintenance fees effective March 12, 1997, and its anticipated expiration was March 12, 2002.
  • It had a single claim, issued 1985 to Stamicarbon B.V., and was never transferred to an NPE or assertion vehicle.
  • Consequently, there was no realistic window for the kind of post‑2010 assertion campaign that populates the Unified Patents / Docket Alarm litigation databases; those databases are essentially empty of activity before the mid‑1990s anyway.

Limitations / uncertainty

  • PACER and the CAFC docket system could not be queried directly in this session; my coverage was limited to what web search and publicly indexed litigation portals surface. A pre‑2002 case naming a lapsed patent could in principle exist but be poorly indexed online (old cases are often not digitized).
  • I found no record of any post‑issuance USPTO proceeding (reissue, reexamination, IPR) directed at 4,504,592. Note also the earlier flag in the summary: the claim's "inert organic supporting material" recitation (vs. "inert inorganic" in the operative step), and I still cannot confirm whether a certificate of correction ever issued — no litigation or PTAB record was found that would have forced the issue.
  • Conclusion stated at the appropriate confidence level: There is no known litigation involving US Patent 4,504,592. If a definitive negative is required, a direct PACER/CAFC docket query and a current Docket Alarm or Lex Machina report on the patent number should be run, since those tools were not directly accessible here.

Generated 9/29/2026, 12:02:37 PM

Proceedings on file (0)

All PTAB activity →

AIA trial proceedings (IPR / PGR / CBM) filed at the USPTO Patent Trial and Appeal Board against this patent. Sourced from the USPTO Open Data Portal and refreshed every six hours; each proceeding number deep-links to the PTAB E2E docket.

No PTAB proceedings on file. This patent has not been challenged via IPR, PGR, or CBM. The absence is itself a signal — well-asserted patents eventually attract IPRs. The LLM analysis below may surface filings the ODP feed hasn’t indexed yet.

PTAB challenges

AIA trial proceedings at the USPTO Patent Trial and Appeal Board — IPR, PGR, and CBM. Petitioners, judge panels, claim-level invalidation outcomes from Final Written Decisions, and Federal Circuit appeals. The single most important defensive datapoint after litigation history.

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One final check on the sibling patents and any aggregator activity.

PTAB / AIA Trial Analysis — US 4,504,592

Verification basis: The structured "PTAB proceedings on file" block (USPTO Open Data Portal, most recent ingest) returned no AIA trial proceedings. I ran four web searches to test that negative — queries combining the patent number, the "4504592" string, "inter partes review," and the assignee/inventor/family names. All returned zero PTAB hits. I could not query PTAB E2E/PTABIS directly from this environment, so the conclusion below is a verified-but-not-exhaustive negative: consistent with every source I could reach, and structurally expected for the reasons given.


Proceedings overview

There are zero AIA trial proceedings on US 4,504,592 — no IPRs, no PGRs, no CBMs, in any status (not instituted, not denied, not settled, not terminated). This is not a "the patent survived and is hardened" posture; it is a "nobody ever bothered" posture, and the reason is dispositive for a would-be defendant: the patent has been dead since 2002-03-12 and was abandoned for failure to pay maintenance fees effective 1997-03-12. An IPR-based complaint about this patent is not a defense problem — it is a non-issue, because there is nothing left to defend against. If you are holding a demand letter citing this patent, the problem is with the letter, not with your invalidity case.

Why the negative is credible (and not just an indexing gap)

Reason Detail
Statutory unavailability of most AIA vehicle types The patent's effective filing date is 1980-05-07 / 1981-05-07. PGR is categorically unavailable — § 321 applies only to patents with an effective filing date on or after 2013-03-16. CBM is categorically unavailable — this is an olefin-polymerization catalyst, not a "financial product or service" patent under § 18 of the AIA.
IPR was theoretically available, practically moot IPR (§ 311) has been available against pre-AIA patents since 2012-09-16. But the patent lapsed in 1997 (Legal Events: "Lapse for failure to pay maintenance fees," 1997-03-09/1997-05-20) and expired 2002-03-12. By the time IPR existed, the patent had been dead a decade and had no assertable value — no rational petitioner files, and no aggregator (Unified Patents, RPX, etc.) has any incentive to clear a 25-year-expired chromium-catalyst claim.
No enforcement = no trigger IPRs are filed against asserted patents. Section 6 of the earlier-generated summary confirms no district court or CAFC activity against this patent. No assertion → no petition.
Search-collision risk is high and was checked A bare "4504592" search returns JP Patent No. 4504592 (Fuji Machine Mfg., electronic-component clamping mechanism, registered 2010-04-30) and an unrelated Colombian invoice number. Any future automated "4504592 PTAB" hit should be treated as a probable false positive until the US patent number is confirmed.

Per-proceeding detail

No proceedings to report. I will not manufacture proceeding numbers, panels, or dispositions. There is no institution decision to quote, no Final Written Decision to link, and no Federal Circuit appeal arising from a PTAB trial on this patent.

For the record, and so the negative is auditable: PTAB's public decision library (https://www.uspto.gov/patents/patent-trial-and-appeal-board/ptab-decisions) and PTAB E2E (https://ptacts.uspto.gov/ptacts/) are the sources a searcher should re-run; CourtListener (https://www.courtlistener.com/) shows no CAFC opinion naming this patent. The only Stamicarbon appellate decisions that surface in connection with this assignee are unrelated urea-technology cases — Stamicarbon, N.V. v. Escambia Chemical Corp., 430 F.2d 920 (5th Cir. 1970) (CourtListener: https://www.courtlistener.com/opinion/[291699](/patent/291699)/) and Stamicarbon, N.V. v. Chemical Construction Corp., 401 F. Supp. 384 (D. Del. 1975) (https://www.courtlistener.com/opinion/[9343100](/patent/9343100)/). Neither concerns US 4,504,592 or the catalyst family, and neither should be cited as litigation history for this patent.


Strategic summary

Claim status: the sole claim is UNTESTED and untestable. US 4,504,592 issued with exactly one claim — independent claim 1, a product-by-process claim to a supported chromium oxide catalyst made by reacting a Cr-1,3-diketo chelate and a V/VO-1,3-diketo chelate with a Group II/III organometallic and activating at 200–1200 °C. There are no dependent claims (§ earlier summary). Because no AIA trial ever reached it, claim 1 was never canceled, never narrowed, and never affirmed. It simply expired. Any statement that it "survived" IPR would be false by omission; it survived only by being ignored.

Estoppel landscape: none, in either direction. Section 315(e)(2) estoppel attaches only to a petitioner who obtains an institution decision. No petition was filed, so no estoppel bars anyone from raising any ground — §§ 102, 103, 112, and (for a pre-AIA patent) §§ 102(b)/103 prior-art combinations including the Stamicarbon self-art US 4,146,695 (van de Leemput, cited on the face of the patent and expressly distinguished in the specification) and US 3,635,840 (Hinton, Phillips; the melt-index temperature-sensitivity baseline). Practically, however, estoppel is academic: the patent's term ran out on 2002-03-12, so there is no injunctive or prospective royalty exposure to defend. The only scenario in which § 282 invalidity matters is a claim for pre-2002 back damages, which is time-barred.

Pattern signals: no PTAB pattern exists. No petitioner has filed once, let alone repeatedly. No defensive aggregator appears anywhere in the chain — the "Cited By" list (Mobil US 4,967,029 / 4,990,709, Phillips US 6,828,268) reflects ordinary prosecution-trail citation of an old Stamicarbon reference, not IPR parties. Stamicarbon's enforcement posture historically sits in urea process chemistry, not polyolefin catalysts, which is consistent with this patent never being asserted. Note also the family-wide expiry: this is one of three US members (US 4,382,020; US 4,435,551; US 4,504,592), and all three issued 1983–1985 under 17-year terms from issue, meaning all three are long expired. (Caveat: Google Patents states an anticipated expiration of 2002-03-12 only for US 4,504,592; the sibling expiry dates are derived from the 17-year-from-issue rule and are flagged as computed, not sourced.)


Recommended next steps

  1. If you are a defendant facing an assertion of US 4,504,592: the answer is not an IPR petition — it is that the patent expired 2002-03-12 and lapsed for non-payment of maintenance fees effective 1997-03-12 (USPTO Legal Events on the patent record; https://patents.google.com/patent/US4504592/en). There is no enforceable right. Demand letters citing the expired claim 1 for current or future activity have no legal basis. Confirm the actual asserted patent number first — the "4504592" string collides with JP Patent No. 4504592 (Fuji Machine) and with non-patent identifiers, and the family contains three similarly numbered US members.
  2. If the assertion somehow frames past conduct: the six-year damages lookback under § 286 cannot reach conduct before the 2002 expiry in any event, and § 315(b)'s one-year bar and § 315(e)(2) estoppel are both irrelevant because no petition exists.
  3. Residual invalidity/§ 112 ammunition (only if you ever need it): the granted claim's preamble recites deposition on "an inert organic supporting material" while step (b) and the entire specification recite "an inert inorganic supporting material" (https://patents.justia.com/patent/4504592). This is almost certainly a typographical error, but it is uncorrected on the face of the record and constitutes an internal claim inconsistency. Flagged as a drafting defect, not as something a PTAB panel ever adjudicated — no panel ever addressed it.
  4. Do not re-run this analysis expecting a different answer. For a patent that lapsed in 1997, "no PTAB activity" is the terminal state, not a transient one. If you encounter a claim of IPR history on this number, the likeliest explanation is a mis-collision with JP Patent No. 4504592 or confusion with a Stamicarbon urea patent from the unrelated Escambia / Chemical Construction line of cases.

Generated 9/29/2026, 12:02:54 PM

Assignment history

Inventors, original assignee, and the chain of ownership recorded with the USPTO — including the correspondent attorney who recorded each assignment, since shell-LLC chains often share one repeat-player attorney even when the entity names look unrelated. Surfaces NPE / patent-troll patterns: shell-entity transfers, known asserters in the chain, repeat correspondent fingerprints, pre-litigation assignments, and bankruptcy fire-sales.

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Assignment & Ownership Analysis — US 4,504,592

Research limitation, stated up front: the only tool available to me in this task is open web search. I could not load assignmentcenter.uspto.gov or assignment.uspto.gov directly or execute a patent-number query against that database, so this is a search-surfaced record, not a screen-scraped one. However, the evidence below converges strongly enough to support a finding. Two independent corroborating observations:

  1. The Google Patents legal-events tab for this patent (reproduced in the authoritative full text) lists only: FEPP (1987-12-08), FPAY year 4 (1988-08-23), FPAY year 8 (1992-08-05), REMI (1996-10-15), LAPS (1997-03-09), FP lapse effective 1997-03-20/12, and STCH non-payment (2018-01-23). There is no AS (Assignment) event of any kind — not even an inventor-to-assignee recordation at filing. Google Patents draws these events from USPTO assignment data; when a post-issuance chain exists, it appears here.
  2. The Google Patents record shows "Current Assignee: Stamicarbon BV" identical to "Original Assignee: Stamicarbon BV."

Inventors

Three named inventors, all resident in the Dutch Limburg towns clustered around DSM's Geleen chemical complex, and therefore determinably employees of the original assignee's parent, DSM (Dutch State Mines) — this was in-house corporate research, not an independent inventor or university team.

Inventor Residence of record Employer at filing (determined)
Lambertus J. M. A. van de Leemput Echt, NL DSM / Stamicarbon R&D, Geleen
Godefridus A. H. Nooijen Helden-Panningen, NL DSM / Stamicarbon R&D, Geleen
Hendrikus W. van der Loo Munstergeleen, NL DSM / Stamicarbon R&D, Geleen

Unusual-pattern check — not present. There is no sign of the inventors departing the assignee near the filing date. To the contrary, van de Leemput is the same inventor named on the closest cited prior art, US 4,146,695 (Stamicarbon, 1979), i.e., he was a long-tenured in-house researcher on this exact catalyst program, and the three inventors are a stable corporate team spanning the 1981 parent, the 1982 divisional, and this 1983 continuation. Employer attribution also matches the prosecution correspondence, which ran through Stamicarbon's own Dutch practice (Octrooibureau DSM appears as representative on sibling Stamicarbon filings of the era, e.g. EP 0 150 854).

Original assignee

Stamicarbon B.V. (Geleen, Netherlands), the licensing and IP subsidiary that DSM created in 1947 explicitly "for the purpose of managing its patent portfolio and licensing its technology" ([Wikipedia, Stamicarbon]).

  • Primary line of business: technology licensing, not manufacturing. At the relevant time it licensed process technology across urea, melamine, caprolactam, phenol, EPDM rubber, and polyethylene — this patent sits in the polyethylene licensing family.
  • Did it ship a product embodying the claims? Not directly, and this matters for the signal analysis. Stamicarbon is an IP/licensing center; it licenses patented technology and proprietary know-how but does not itself operate polyethylene plants. The claims here are to a polymerization catalyst — embodied in a licensed customer's reactor, not in a Stamicarbon product. This is a licensing-model operating company, i.e., functionally a non-practising entity by design, but it is a technology originator with real R&D and real licensees, not an assertion vehicle.
  • Current status: operating, but not as owner of this patent's technology line. DSM sold Stamicarbon B.V. to Maire Tecnimont S.p.A. for €38 million (cash and debt-free), announced 29 July 2009 and closed 6 October 2009 (DSM/Maire Tecnimont press release; MarketScreener confirmation of closing). Stamicarbon is today Maire Tecnimont's urea-licensing arm in Sittard-Geleen. Note the carve-out: DSM's release states "Its non-urea licensing portfolio has been transferred to a new entity, Knowfort Technologies B.V." — i.e., by 2009 whatever remained of the non-urea (including polyethylene) side of Stamicarbon had already been moved elsewhere.

Important corporate-history caveat that could be mistaken for an unrecorded transfer: per Wikipedia, "Following the takeover of DSM's petrochemical activities in 2002 by the Saudi Arabian company SABIC, licensing activities for all but urea and LLDPE technology were also transferred to SABIC's licensing subsidiary, SABTEC." A Russian trade article also states that the 1967 Stamicarbon clean-LDPE tubular-reactor patent portfolio "перешел в собственность Sabic" (passed into SABIC's ownership) (polymerbranch.com). I am flagging this as a hypothesis I could NOT confirm for this patent, and it is materially undercut by chronology: this patent lapsed for non-payment of the 12-year maintenance fee effective 1997-03-12, five years before the 2002 SABIC/DSM petrochemical transaction. No assignment of US 4,504,592 to SABTEC, SABIC, Knowfort, or anyone else is surfaced by any source.

Assignment timeline

There are no recorded post-issuance assignments for US 4,504,592 in the sources available to me. I am saying so plainly rather than reconstructing a chain, because the absence is itself the finding.

  • No USPTO assignment reel/frame is surfaced for this patent by any indexed source, and the Google Patents legal-events record (which mirrors USPTO assignment data) contains zero AS events for the life of the patent. I therefore cannot provide reel/frame numbers, execution dates, recording dates, conveyance types, assignee names, or correspondents of record for this patent — and per the task constraints I will not invent them.
  • The nearest thing to a "correspondent" I can identify is prosecution counsel, not a recording correspondent: Justia records the law firm of record as Cushman, Darby & Cushman, with W. J. Shine as primary examiner (Justia). Cushman, Darby & Cushman is a large general-practice IP firm historically active in operating-company prosecution (it is reported to have combined with Howrey & Simon around 2000 to form Howrey Simon Arnold & White). It is not an NPE-recording shop and I found no recurrence of it as a correspondent in any assertion chain. Treat that firm name as prosecution-of-record only — do not read it as an assignment correspondent.

Practical effect: with no recorded transfer, the patent was owned by Stamicarbon B.V. from issue (1985-03-12) until it lapsed, and the residual (expired) interest was never recorded as moving. If an inventor-to-Stamicarbon assignment was recorded on the 1981 parent application, it is not exposed by any source I can reach; I flag that as unverified rather than asserting it either way.

Why the patent died — the ownership story in one line

Stamicarbon paid the 4-year fee (recorded 1988-08-23) and the 8-year fee (recorded 1992-08-05), then deliberately declined the 12-year fee — REMI mailed 1996-10-15, LAPS 1997-03-09, FP lapse effective 1997-03-12, roughly 12 years into a 17-year term. This is an affirmative corporate abandonment decision, not a bankruptcy or a fire-sale. It is consistent with the commercial arc: DSM was progressively exiting bulk petrochemicals (petrochemicals to SABIC in 2002), and this single-catalyst patent had no remaining licensing leverage against the industry's move to supported-chromium and then single-site systems.

Timeline diagram

timeline
    title Ownership of US 4504592
    1980 : NL priority filed by Stamicarbon
    1981 : Parent US application filed
    1982 : Divisional filed
    1983 : Continuation filed
    1985 : Patent issued to Stamicarbon BV
    1988 : Four year fee paid
    1992 : Eight year fee paid
    1997 : Lapsed for non-payment
    2002 : DSM petrochemicals sold to SABIC
    2009 : Stamicarbon sold to Maire Tecnimont

NPE / troll-pattern signals

# Signal Call Basis
1 Shell-entity transfer Not present No assignment recorded at all; assignee of record at lapse is still Stamicarbon B.V. No LLC, no registered-agent address, no "IP/Holdings/Ventures" suffix appears anywhere in the record.
2 Known asserter in the chain Not present Stamicarbon B.V. does not appear on NPE rosters (Acacia, Marathon, IV, IPNav, Wi-LAN, Conversant/Mosaid, Vringo, Pendrell, Innovatio, MPHJ, Lumen View, Round Rock, DGC, or Spangenberg entities). It is a 1947-founded DSM subsidiary with a genuine R&D and licensee base. Note the historical counter-example: Stamicarbon did assert patents itself as a manufacturing-era plaintiff — Stamicarbon, N.V. v. Escambia Chemical Corp. involved US 2,727,069 (issued 1955) — but that is a different patent, a different era, and a competitor suit, i.e. classic operating-company assertion, not NPE behaviour.
3 Repeat correspondent across the chain Unclear / not applicable There is no chain to compare, hence no recurrent recording attorney. The only attorney data available is prosecution-side (law firm Cushman, Darby & Cushman; examiner W. J. Shine). A single court/registry appearance is expressly not a finding under the stated rule, and here there is not even a single assignment-recording appearance.
4 Cascading transfers Not present Zero consecutive assignments, so no chained-LLC pattern, no shared correspondent addresses, no <24-month succession.
5 Pre-litigation transfer Not present No infringement suit naming this patent was found (consistent with the 1997 lapse), and correspondingly no assignment timed within 6 months of any suit.
6 Bankruptcy fire-sale Not present No Chapter 7/11 filing by Stamicarbon B.V. or DSM. The 2009 Stamicarbon sale to Maire Tecnimont was a solvent, strategic divestiture for €38M; the 2002 DSM/SABIC petrochemical transaction was likewise a solvent corporate sale. Both post-date this patent's 1997 abandonment.
7 Privateering Not present No operating-company-to-NPE transfer is evidenced, and there is no Patent Progress / EFF coverage tying Stamicarbon or DSM to a proxy asserter.
8 Defensive aggregator Not present Chain does not terminate at RPX, AST, LOT, Unified Patents, or OIN. Do not confuse "the patent was allowed to expire" with "the patent was neutralized by a defensive buyer" — they are different events and only the former is documented here.

Verdict

Insufficient data.

No USPTO assignment record — not even the initial inventor-to-assignee recordation, and certainly no post-issuance link — is surfaced for US 4,504,592 by any indexed source, and the Google Patents legal-events record for the patent contains only fee and lapse events (FPAY 1988-08-23, FPAY 1992-08-05, REMI 1996-10-15, LAPS 1997-03-09, FP effective 1997-03-12, STCH 2018-01-23) with no AS entry. The patent was owned by Stamicarbon B.V. from issue on 1985-03-12 and voluntarily abandoned at the 12-year maintenance fee in 1997, which is the opposite of the pre-litigation, cascading-LLC behaviour this analysis is designed to detect. To call this an NPE chain would require me to fabricate reel/frame entries, and I will not.

What would move this off "Insufficient data": a direct query of the Assignment Center by patent number (the one step I could not perform), which would either return the 1981-era inventor assignment to Stamicarbon or confirm that the record is genuinely empty. Either outcome leaves the NPE verdict unchanged — but it would let me state the reel/frame with certainty instead of reporting an absence.

Verification link: USPTO Patent Assignment Search — search by patent number 4504592 (same underlying records as assignmentcenter.uspto.gov).


Contradiction / caveat flagged for the record

Two items in this section merit cross-checking against any later correction of the previously generated sections:

  1. Corporate-history hypothesis not confirmed. Sources indicate DSM's petrochemical patent portfolio (including Stamicarbon's polyethylene licensing technology) moved to SABIC's licensing subsidiary SABTEC around 2002, and that Stamicarbon's non-urea portfolio went to Knowfort Technologies B.V. at the 2009 Maire Tecnimont sale. I found no document extending either transaction to US 4,504,592, and both post-date the patent's 1997 lapse. Report this as unresolved, not as an ownership change.
  2. The "organic" vs. "inorganic" support recitation in claim 1 (flagged in the previously generated summary) does not bear on ownership, but it does bear on asset value: an ambiguity in the sole claim of the only US composition patent in the family is a plausible contributing reason Stamicarbon chose not to pay the 12-year fee in 1997. That is an inference from timing, and I am labelling it as such — it is not evidence of an assignment.

Generated 9/29/2026, 12:03:14 PM

Prior art

Earlier patents, publications, and products that may anticipate or render the claims unpatentable.

✓ Generated

I'll verify the record against USPTO and confirm each cited reference's data directly.

Let me pull the claim sets and dates for the two most leveraged references and the family-cited reference.

Prior Art Analysis — US Patent 4,504,592

Scope note before the analysis: US 4,504,592 has exactly one claim (claim 1). Every § 102 analysis below therefore resolves to a single question: does the reference disclose each and every element of claim 1? A reference that misses one element cannot anticipate, no matter how close it otherwise is. I have flagged that explicitly per reference rather than implying anticipation where the law does not support it.

Database access caveat: Because this session's tool calls hit their limit mid-analysis, the verification below rests on the full patent text supplied (Google Patents mirror of the USPTO grant, https://patents.google.com/patent/US4504592/en), the Justia record (https://patents.justia.com/patent/4504592), PubChem's patent record for US-4146695-A, and Google Patents/PatentHub full-text pages for the three cited references. I did not complete a direct Patent Public Search / Patent Center query, and I was unable to retrieve the full claim 1 text of US 3,635,840, the claim set of US 3,351,623, or the claims of EP 0 039 971 B1. Those gaps are flagged in place.


1. The record, as confirmed

Field Value
Patent US 4,504,592 A ("4504592" literally)
Title Polymerization catalyst for the preparation of ethylene polymer
Application 06/560,513, filed 1983-12-13
Priority 1980-05-07 (NL 8002599)
Granted 1985-03-12
Assignee Stamicarbon B.V.
Inventors L. J. M. A. van de Leemput; G. A. H. Nooijen; H. W. van der Loo
Claim count 1 (independent; product-by-process)
Governing regime Pre-AIA (effective filing before 2012-09-16)

Identifier hygiene: I did not merge JP Patent No. 4504592 (Fuji Machine Manufacturing) or the unrelated invoice/registry numbers into this record — they share only a numeric string, consistent with the earlier sections.


2. The cited references on the face of US 4,504,592

The face of the patent lists exactly three U.S. patent citations (the "Citations (3)" block in the full text):

Ref Filed Granted Assignee Title
US 3,033,844 1958-07-28 (Ser. No. 751,188) 1962-05-08 Standard Oil Co. Polymerization process and catalysts
US 3,635,840 1969-03-17 (Ser. No. 807,931) 1972-01-18 Phillips Petroleum Co. Polymerization catalyst
US 4,146,695 1977-05-23 (priority 1976-05-24) 1979-03-27 Stamicarbon, B.V. Chromium-based catalysts for the polymerization of 1-alkenes

All three are statutory § 102(b)-eligible art. Each granted more than one year before the earliest relevant U.S. filing (the parent, 05/07/1981) — indeed before the 1980-05-07 Dutch priority — so they are § 102(a) and § 102(b) art several times over. There is no date-fighting issue on any of them.

I treat them below in ascending order of relevance, because relevance here is inverse to age.


2.1 US 3,033,844 — Standard Oil Co.

  • Full citation: US 3,033,844, "Polymerization process and catalysts," Standard Oil Company. Application Ser. No. 751,188, filed 1958-07-28; granted 1962-05-08. Sources: https://patents.google.com/patent/US3033844 (claims retrieved; inventor of record not independently verified in this session — the previously generated section attributes it to "Peters et al.," which I could not confirm; note the reference's own cited art includes US 2,824,089 Peters, which may be the source of that attribution).

  • Brief description: A process and catalyst for polymerizing 1-alkenes using a hydrocarbon aluminum compound (e.g., trialkylaluminum, claim 7) plus a pentavalent vanadium oxide (V₂O₅) that contains about 1–20 mole percent of an oxide of Cr, Fe, Co, Ni or Zr, the mixed oxide being calcined at about 500 °C in air for 2–5 hours (claim 1). Claim 5/14 recite the oxide supported on an inert solid support; claim 6/17/18 narrow the support to silica / silica gel. So: supported mixed metal-oxide + organoaluminum, heat-activated in air, for ethylene and propylene polymerization.

  • § 102 analysis as to claim 1 (the only claim): No anticipation. The reference discloses the organoaluminum component, the support, and oxidative calcination within the claimed 200–1200 °C window — but it is missing at least two mandatory elements:

    • Element (1): "a chromium chelate of a 1,3-diketo compound." US 3,033,844 uses chromium oxide as a mixed-oxide constituent. An inorganic chromium oxide is not a chromium 1,3-diketo chelate.
    • Element (2): "a vanadium chelate or a vanadyl chelate of a 1,3-diketo compound." The reference uses V₂O₅ — an inorganic oxide, not a β-diketonate chelate.
    • The claim's formula limitation (R¹/R³ = C₁–C₁₀ alkyl; R² = H or C₁–C₁₀ alkyl) is likewise wholly absent.

    A reference that does not disclose the chelate reactants cannot disclose "reacting … (1) … and (2) … with (3)." Its role is background/§ 103 context (it teaches Cr + V on silica with an aluminum alkyl in a heat-activated catalyst), not § 102 anticipation.


2.2 US 3,635,840 — Phillips Petroleum Co.

  • Full citation: US 3,635,840, "Polymerization catalyst," Phillips Petroleum Company. Inventor Robert A. Hinton (the specification of US 4,504,592 cites him as "Hinton et al."). Application Ser. No. 807,931, filed 1969-03-17; granted 1972-01-18. Source: https://patents.google.com/patent/US3635840 and https://patents.google.com/patent/US3635840 (PatentHub claim text at trade.patenthub.cn/cpc/patent-99641-US3635840A-…).

  • Brief description: A catalyst prepared by bringing together (a) chromium oxide (or a compound convertible by calcination to chromium oxide, at least part hexavalent), (b) at least one of silica, alumina, zirconia and thoria, (c) an organometal component RₓM (R = H, alkyl, aryl, cycloalkyl, alkoxy, up to 12 C; M = Al, Ga, In, Tl, Zn, B, Pb, Li, Zr, Co, Mg or Sn; x = valence of M), and (d) a vanadium chelate or vanadyl chelate of a β-diketone (e.g., vanadium acetylacetonate) — then coactivating in an oxygen-containing gas at 500–1,500 °F (≈260–816 °C). Claim 2 specifies mol ratios V:Cr 0.1–10, organometal:V 0.1–30, V:support material 0.001–10, and coactivation until the effluent dew point drops below ≈0 °F. Claim 4 specifies the mixture of (1) supported chromium oxide, (2) vanadium acetylacetonate, (3) triethylaluminum. The abstract frames the benefit as lower melt index at constant conditions versus a catalyst omitting the vanadium acetylacetonate.

    • Retrieval gap: claims 2, 3 and 4 were retrieved; claim 1 was not, so I cannot confirm whether claim 1 is a composition claim and whether it differs materially. Stated rather than assumed.
  • § 102 analysis as to claim 1 (the only claim): No anticipation — one element is missing. This is the closest anticipation-framed reference on the vanadium side, but it fails on the chromium side:

    Claim 1 element Disclosed by US 3,635,840?
    (1) Chromium chelate of a 1,3-diketo compound No — chromium oxide, hexavalent, pre-supported
    (2) Vanadium or vanadyl chelate of a 1,3-diketo compound Yes — V(acac)₃-type and vanadyl β-diketonates (claims 2, 4)
    (3) Group II/III organometal, C₁–C₂₀ hydrocarbyl Yes (RₓM, R ≤ 12 C; triethylaluminum)
    Reaction in inert solvent Partly — components "brought together"; example blends V(acac)₃ in cyclohexane with triethylaluminum
    Jointly contacting the solution of all three reaction products with an inert inorganic support, depositing them No — the Cr is already on the support; the V/organometal solution merely impregnates a pre-formed supported chromium oxide catalyst
    Heating in non-reducing atmosphere, 200–1200 °C Yes — O₂-containing gas, 260–816 °C (claim 2)
    Formulary R¹/R²/R³ definition Partly — β-diketone R″ = alkyl/aryl/cycloalkyl up to 12 C (broader; aryl not within claim 1)

    Because claim 1 requires that the chromium also enter as a 1,3-diketo chelate and be reacted together with the organometallic before joint deposition, US 3,635,840 does not disclose every element in a single reference. It is, however, the single best § 103 reference on the vanadium half of the invention, and the specification itself uses it as the comparison baseline (melt index 0.17 vs. 0.18 across a 3.3 °C change at 145/148.3 °C in cyclohexane).


2.3 US 4,146,695 — Stamicarbon, B.V. (the closest art; the reference the patent itself concedes)

  • Full citation: US 4,146,695, "Chromium-based catalysts for the polymerization of 1-alkenes," Stamicarbon, B.V.; inventor Lambertus J. M. A. van de Leemput — the same inventor as US 4,504,592. Priority 1976-05-24; filed 1977-05-23; granted 1979-03-27. Sources: https://patents.google.com/patent/[US4146695A](/patent/US4146695A); https://pubchem.ncbi.nlm.nih.gov/patent/US-4146695-A.

  • Brief description: Catalysts formed by reacting a chromium-1,3-diketo complex of the general formula Cr(OCR¹CR²CR³O)₃ (e.g., chromium(III) acetylacetonate) with an organometal compound of a Group II or III metal (aluminum trialkyls; magnesium dialkyls, diaryls), in an inert solvent; contacting the reaction product with an inert inorganic support (e.g., silica); heating on the support at between about 200° and 1200 °C in a non-reducing atmosphere; and optionally combining the product with a further Group II/III organometal compound. Used to polymerize 1-alkenes of 2–8 carbons, optionally with ≤10 mole % of another 1-alkene.

  • § 102 analysis as to claim 1 (the only claim): No anticipation as a matter of law — one element is missing — but this is the reference that controls the case.

    Claim 1 element Disclosed by US 4,146,695?
    (1) Chromium chelate of a 1,3-diketo compound Yes — Cr(OCR¹CR²CR³O)₃, chromium(III) acetylacetonate
    (2) Vanadium or vanadyl chelate of a 1,3-diketo compound NO — absent
    (3) Group II/III organometal, C₁–C₂₀ hydrocarbyl bound via C Yes — Al trialkyls, Mg dialkyls
    Reaction in a solvent inert to (1), (2), (3) Yes — aliphatic/cycloaliphatic hydrocarbon solvent, heating 40–100 °C to promote dissolution
    Joint deposition of the reaction product on an inert inorganic support Yes — inert inorganic carrier, silica-type
    Heating in non-reducing atmosphere, 200–1200 °C Yes — expressly recited
    Formulary R¹/R²/R³ definition (R¹,R³ = C₁–C₁₀ alkyl; R² = H or C₁–C₁₀ alkyl) Yes — the definitions are textually identical (the claim's formula derives from this disclosure)

    Every element of claim 1 except the vanadium/vanadyl 1,3-diketo chelate is disclosed. Anticipation under § 102 requires all elements in one reference, so US 4,146,695 does not anticipate claim 1. It is nonetheless:

    • the most relevant prior art in the entire file;
    • same-assignee, same-inventor art, i.e., squarely within the "known" prior art the applicant distinguished;
    • expressly conceded as prior art by the specification itself: "It is known in the prior art that a supported chromium oxide-type of catalyst for the polymerization of olefins can be prepared by bringing the conversion product of a chromium-1,3-diketo compound and an organo-metallic compound of a metal from Group II or III … into contact with an inert inorganic supporting material whereafter it is heated in a non-reducing atmosphere at a temperature between 200° and 1200° C. Such a process is disclosed in U.S. Pat. No. 4,146,695…"

    Its practical significance is § 103, not § 102: combined with US 3,635,840 (which teaches adding a vanadium β-diketonate/vanadyl chelate and a trialkylaluminum and activating at 260–816 °C), the two references together render the only claim obvious in the absence of the unexpected-property evidence the specification relies on (melt index ~0.2 at ~100 °C slurry temperature; high temperature sensitivity; good hydrogen response — Examples 2–8 and the Table).


3. The fourth reference: US 3,351,623 (family citation, not a face citation)

  • Full citation: US 3,351,623, "Ethylene polymerization," Phillips Petroleum Company. Filed 1964-12-18; granted 1967-11-07. Source: https://patents.google.com/patent/[US3351623A](/patent/US3351623A) (surfaced only as a "Family Cites Families (1)" entry, i.e., cited in the family's other members' prosecution).
  • Brief description (partial): Phillips-era chromium-oxide/support ethylene polymerization art; retrievable data is thin and I could not retrieve its claims in this session.
  • § 102 analysis as to claim 1: On the available data, no anticipation — it is a Phillips chromium-oxide ethylene polymerization reference predating US 3,635,840, and there is no indication it discloses a co-deposited Cr-chelate + V-chelate + Group II/III organometal system. I cannot complete this analysis on the record retrieved, and I am marking it unresolved rather than asserting a negative I did not verify.

Also note (do not confuse with prior art): US 4,382,020 and US 4,435,551 are family members of US 4,504,592 (the parent application 06/261,738 and the sibling divisional 06/418,020), sharing the 1980-05-07 priority. They are not § 102 art against this patent — same priority date, same inventors, same assignee. Likewise, EP 0 039 971 B1 is the European counterpart, not an independent reference. The earlier "Cited By"/"Families Citing" lists (Mobil, Phillips/Univation, 华东理工大学) all post-date US 4,504,592 and are therefore not prior art.


4. Art of interest disclosed in the specification but not cited on the face

These are discussed in the background/description and bear on § 102(b) and § 103 completeness, though they were not cited in the "References Cited" block:

On the retrieved text, none of these adds the missing vanadium-chelate element to element (1)'s chromium-chelate teaching, so none changes the § 102 conclusion for claim 1. I did not verify this by full-text search of each, only against the specification's own characterizations of them.


5. Bottom line

  1. Confirmed: the only citations on the face of US 4,504,592 are US 3,033,844 (1962), US 3,635,840 (1972) and US 4,146,695 (1979), plus family-cited US 3,351,623 (1967). All are § 102(a)/(b) art by date.
  2. None of them anticipates claim 1 under 35 U.S.C. § 102. Because the patent has a single claim and it is product-by-process, anticipation requires every process element in one reference:
    • US 3,033,844 — missing both chelate reactants (metal oxides used instead). Fails § 102; background art only.
    • US 3,635,840 — has the V/vanadyl β-diketonate chelate and the Group II/III organometal, but the chromium enters as pre-supported chromium oxide, not as a chromium 1,3-diketo chelate reacted in solution; deposition is by impregnation of a pre-formed catalyst, not joint deposition of a common reaction-product solution. Fails § 102 on two elements.
    • US 4,146,695 — discloses every element including the identical formulary definition, except the vanadium/vanadyl 1,3-diketo chelate. Fails § 102 by exactly one element, and is the patentee's own conceded art.
  3. The real attack is § 103: US 4,146,695 (Cr-chelate + Group II/III organometal + support + 200–1200 °C non-reducing) in view of US 3,635,840 (add V/vanadyl β-diketonate chelate to a Cr/organometal/support system; activate 260–816 °C in oxygen). The patentee's rebuttal would rest on the comparative data in the specification and the Table — melt index ≈0.2 at ~100 °C, strong temperature sensitivity, and hydrogen response (Examples 2–8) versus US 3,635,840's melt index 0.17/0.18 across a 3.3 °C swing.

6. Open items / uncertainty

  • Not verified: claim 1 of US 3,635,840 (only claims 2–4 retrieved); the complete claim set of US 3,351,623; the claims of EP 0 039 971 B1; the inventor of record on US 3,033,844 (the prior section's "Peters et al." attribution is unconfirmed by me).
  • Unresolved: whether any certificate of correction addressed the claim 1 preamble's "inert organic supporting material" versus the operative step's "inert inorganic supporting material." Both the Google Patents and Justia renderings show the mismatch, and I report it literally. It matters here only marginally — every candidate reference supports on an inorganic support (silica/silica gel), so the discrepancy weakens the § 102 case against no reference in particular.
  • Access limitation: the USPTO Patent Public Search / Patent Center query and the EP 0 039 971 B1 claim retrieval could not be completed in this session. If a formally certified § 102 statement is required, those three lookups (US 3,635,840 claim 1; US 3,351,623 claims; EP 0 039 971 B1 claims) should be run directly.

Generated 9/29/2026, 12:03:34 PM

Obviousness

Combinations of prior art that suggest the claimed invention would have been obvious under 35 U.S.C. § 103.

✓ Generated

I'll ground the combination analysis by pulling the disclosure content of the prior-art references cited on the face of this patent.

Now let me characterize the two remaining references cited on the face of the patent, plus the family's claim scope.

Obviousness Analysis — US 4,504,592 under 35 U.S.C. § 103

Framing note: This is a technical patentability/validity analysis, not legal advice. The patent lapsed in 1997 and expired in 2002 (per the record verified in the earlier sections), so this analysis is retrospective — useful for portfolio archaeology, defensive-history work, or comparing how this family was examined in the US versus the EPO. There is no litigation to which this bears (see the litigation section).


1. What has to be shown, and against whom

Applicable law: Effective filing date is 7 May 1980 (NL 8002599 priority); the 560,513 application was filed 13 Dec 1983. This is pre-AIA § 103(a) (it issued 12 Mar 1985). The Graham v. John Deere, 383 U.S. 1 (1966) factors apply; today the combination inquiry is also read through KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398 (2007), which permits "obvious to try" reasoning where the prior art identifies a finite number of predictable solutions.

Person having ordinary skill (PHOSITA): A chemist or chemical engineer (B.S./M.S.) with 2–5 years' experience developing supported chromium ("Phillips") and Ziegler-type olefin polymerization catalysts — i.e., someone fluent in reacting transition-metal chelates with organoaluminum/organomagnesium compounds and in calcining the result on silica.

The claim to be evaluated: Only claim 1 exists. It is a product-by-process claim with four operative limitations (as mapped in the earlier claim-overview section): (1) Cr chelate of a 1,3-diketone; (2) V or VO chelate of a 1,3-diketone; (3) Group II/III organometallic with C₁–C₂₀ hydrocarbyl bonded through carbon; reacted in an inert solvent, jointly deposited on a support, then heated at 200–1200 °C in a non-reducing atmosphere; plus the R¹/R³ = C₁–C₁₀, R² = C₁–C₁₀-or-H formula limitation.

Critical doctrinal overlay: Because the claim is product-by-process, patentability rests on the product itself, not on the recited steps. In re Thorpe, 777 F.2d 695 (Fed. Cir. 1985); In re Marosi, 710 F.2d 799 (Fed. Cir. 1983). And where prior art discloses a product that appears identical, the burden shifts to the applicant to show a difference (In re Best, 562 F.2d 1252 (CCPA 1977)). This matters enormously here because the claim's own preamble calls the product a "supported chromium oxide type" catalyst — the same category of composition the cited Phillips art already produced.


2. The prior-art set: what each reference actually supplies

Table A — Element map

Claim element US 4,146,695 (van de Leemput / Stamicarbon; GRANTED 1979‑03‑27) US 3,635,840 (Hinton / Phillips; ISSUED 1972‑01‑18) US 3,033,844 (Standard Oil; ISSUED 1962‑05‑08)
(1) Cr chelate of a 1,3‑diketone Yes, expressly. Process step (a): reacting a Cr complex of a 1,3‑diketo compound of formula Cr(OCR₁C(H)R₂CR₃O)₃, R₁/R₃ = C₁–C₂₀ alkyl, R₂ = H or C₁–C₂₀ alkyl; chromium(III) acetylacetonate preferred. Homologues listed include acetylacetone, hexane‑2,4‑dione, heptane‑2,4‑dione, octane‑2,4‑dione, octane‑3,5‑dione. No — uses chromium oxide or a compound convertible by calcination to chromium oxide (abstract, claim 2). Cr only as an optional "promoting metal oxide" on a vanadia catalyst.
(2) V or VO chelate of a 1,3‑diketone Absent. Yes, expressly. Claim 2 recites "a vanadium component selected from the group consisting of vanadium chelates and vanadyl chelates of beta‑diketones"; the worked example is vanadium acetylacetonate. Mol ratio V:Cr 0.1–10. Partial: vanadium as V₂O₅ (or VO₂/V₂O₃/VO), not as a β‑diketonate.
(3) Group II/III organometallic, C₁–C₂₀ hydrocarbyl via C Yes, expressly. Group II/III (Be, Mg, B, Al, Ga); alkyls of 1–20 C; Al trialkyls and Mg dialkyls preferred; TIBA exemplified; organometal:Cr equivalents in the same range as the '592. Yes. Claim 2: organometal RₓM with R up to 12 C (at least one hydrocarbon radical), M = Al, Ga, In, Tl, Zn, B, Pb, Li, Zr, Co, Mg, Sn; example uses triethylaluminum. Yes. Trihydrocarbon-aluminum compounds (AlR₃), R from alkyl through aryl/cycloalkyl.
Reaction in an inert solvent Yes — light petrol / hydrocarbon solvent. Yes — cyclohexane solution of V(acac)₃ + TEA (per the '592's own description of the example). Slurry/impregnation in hydrocarbon.
Joint deposition on inert inorganic support Yes — deposition of the Cr/organometal reaction product on a carrier; silica xerogel preferred; support pre‑dried. Yes — mixture formed on/with silica, alumina, zirconia, thoria (silica preferred). Yes — high‑surface‑area silica/alumina, ≥100 m²/g.
Heat, non‑reducing atmosphere, 200–1200 °C Yes, verbatim range: step (c) heating in a non‑reducing atmosphere at 200°–1200 °C. Yes, overlapping range: coactivation in oxygen‑containing gas at 500–1500 °F (≈260–816 °C), optionally with the higher 200–1200 °C equivalent. Calcination to oxide forms.
Formula R¹/R³ = C₁–C₁₀, R² = C₁–C₁₀ or H Yes — broader genus (C₁–C₂₀) encompassing the claimed sub‑genus; acetylacetone (R¹ = R³ = CH₃, R² = H) expressly preferred. Yes for the V component: each R″ = alkyl/aryl/cycloalkyl up to 12 C (β‑diketones); vanadium acetylacetonate exemplified. n/a (oxides).

Sources for Table A: US 4,146,695 text at https://patentimages.storage.googleapis.com/42/25/92/a5aa5e6b004990/US4146695.pdf and the PubChem record https://pubchem.ncbi.nlm.nih.gov/patent/US-4146695-A; US 3,635,840 at https://patents.google.com/patent/US3635840 (claim 2 quoted via the PatentHub mirror, https://trade.patenthub.cn/cpc/patent-99641-US3635840A-…); US 3,033,844 at https://patents.google.com/patent/US3033844 and its PDF https://patentimages.storage.googleapis.com/9d/36/0d/9b35f4abdcd30e/US3033844.pdf.

Two additional points that matter

  • Independent corroboration of the '840 disclosure. A later Stamicarbon application in this same line (EP 0 072 075 A1, https://patentimages.storage.googleapis.com/64/f4/59/afc5e339a9c6b4/EP0072075A1.pdf) restates the '840 example verbatim: vanadium acetylacetonate + triethylaluminum impregnated onto a chromium oxide catalyst, heated at 566 °C, giving MI 0.17/0.18 at 145/148.3 °C. The '592's own specification gives the same account. So there is no dispute about what '840 teaches.
  • US 3,351,623 (Phillips, "Ethylene polymerization," 1964‑12‑18/1967‑11‑07) appears only as a family-cited document on the '592 page (https://patents.google.com/patent/US4504592/en). I could not verify its disclosure content and will not speculate about it. Note the identifier collision: JP 3351623 B2 (Sumitomo Seika) is an unrelated Japanese patent sharing the numeric string (see the litigation section's collision list).

3. Primary combination — US 4,146,695 in view of US 3,635,840

This combination supplies every limitation and is the strongest § 103 theory.

Step 1 — '695 alone reads on all but one limitation. '695 discloses the Cr‑diketonate + Group II/III organometal reaction product, deposited on an inert inorganic support (silica xerogel) and heated in a non‑reducing atmosphere at 200–1200 °C — the identical range — and even teaches combining the heat‑treated product with a further Group II/III organometallic, which is the optional activator in the '592's process claims. The only element missing is the vanadium/vanadyl diketonate.

Step 2 — '840 supplies exactly that missing element, and does so in the same ternary system: chromium oxide + organometal (Al/Mg/B) + vanadium acetylacetonate, on silica/alumina/zirconia/thoria, coactivated by heating in oxygen‑containing gas. Its claims recite mol ratios of V:Cr of 0.1–10, i.e., squarely inside the Cr:V windows the '592's specification describes.

Step 3 — Motivation to combine (the '592's own specification supplies much of it):

  1. Same field, same problem. Both references are directed to supported chromium oxide catalysts for ethylene (co)polymerization. '695's stated aim is an improved supported chromium catalyst; '840's abstract states its V‑containing catalyst yields "polymers having a considerably lower melt index at constant conditions than that earlier obtained with a catalyst omitting the vanadium acetylacetonate" and "productivities… considerably greater." That is an express teaching that a V β‑diketonate is a result‑effective variable for melt index and activity in a Cr/organoaluminum/silica system — the very variable the '592 exists to control.
  2. A recognized, long‑felt need to modulate melt index. The '592's background (echoed in the sibling US 4,458,028, https://patentimages.storage.googleapis.com/13/52/0d/b30e8550b45252/US4458028.pdf) cites UK 1,231,322 and US 3,812,058 / 3,862,104 / 3,900,457 / 3,974,101 for the proposition that melt index is a function of support preparation and activation. A PHOSITA already conditioned to tune MI through support and activation variables would predictably look to additive/compositional variables (like a second transition metal) to tune it further.
  3. The change required is trivial and the results predictable. Practicing the claim requires only adding the '840 vanadium acetylacetonate to the '695 reaction mixture (i.e., reacting a second, known chelate with the same organoaluminum), then depositing the combined products and heating. KSR: "the combination of familiar elements according to known methods is likely to be obvious when it does no more than yield predictable results."
  4. Both reference processes converge on the same product. After calcination in air at 400–900 °C, the organic diketonate ligands are destroyed and the Cr and V are present as supported oxides — which is why the '592's own preamble calls the product a "chromium oxide type" catalyst and why its Example 1 (dry air, 900 °C, 8 h) looks structurally like '840's coactivated catalyst. Differences in how the metals were introduced (pre‑formed Cr oxide on support vs. Cr(acac)₃ co‑reacted in solution) are process history, not product.

Step 4 — Additional limitation‑by‑limitation reasoning where needed:

  • "C₁–C₁₀" alkyl (R¹/R³). '695 discloses the C₁–C₂₀ genus. A claimed narrower range falling wholly within a disclosed broader range is prima facie obvious absent evidence of criticality. In re Peterson, 315 F.3d 1325 (Fed. Cir. 2003); In re Wertheim, 541 F.2d 257 (CCPA 1976). The '592 provides no data comparing C₁₀ to C₁₁–C₂₀ homologues, so no criticality is established; the spec even says homologues "with 1 to 10 carbon atoms" are merely "suitable," and acetylacetone (the two‑carbon case) is the only exemplified compound.
  • "1–20 carbon atoms" hydrocarbyl, 200–1200 °C, deposition, solvent. All disclosed by '695 ('695: 1–20 C hydrocarbyl; 200–1200 °C; hydrocarbon solvent; inorganic support).
  • Loading figures. The '592's Cr loadings (0.01–10 wt%, preferably 0.05–1%) are routine values; no criticality is asserted.
  • Cr:V ratio. The claim recites no ratio at all — it requires only that a V chelate be among the reactants. That breadth makes the claim read on, e.g., a conventional Phillips catalyst merely dosed with a trace of vanadium acetylacetonate during preparation.

4. Secondary and alternative combinations

Combination B — US 4,146,695 + US 3,033,844. '844 discloses an olefin polymerization catalyst comprising (i) a trihydrocarbon‑aluminum compound, (ii) a vanadium oxide on a high‑surface‑area inert support (silica preferred), and (iii) a minor amount of a promoting metal oxide — chromium appearing among the promoting metals extracted from the '844 record (the Google Patents page lists Cr alongside Fe, Zr, Co). Motivation: '844 teaches that adding a small amount of a promoting metal oxide (Cr among them) to an organoaluminum/vanadia/silica system yields active ethylene polymerization catalysts, giving a general suggestion to co‑incorporate Cr and V with a Group III organometal. This combination is weaker than A because the V is introduced as an oxide rather than as a β‑diketonate and the metals are not pre‑reacted in solution.

Combination C — US 3,635,840 as primary + US 4,146,695, optionally with US 3,033,844 and the spec‑cited melt‑index art (UK 1,231,322; US 3,812,058; 3,862,104; 3,900,457; 3,974,101). Treated this way, the only real differences over '840 are (a) the Cr source and (b) the order of contacting. Both are answerable:

  • (a) Cr(acac)₃ in place of "chromium oxide or a compound convertible by calcination to chromium oxide." Substituting a known chromium compound for another known chromium compound in a known Phillips‑type catalyst preparation is a predictable substitution of known equivalents. That chromium acetylacetonate is a recognized Cr source for supported chromium oxide catalysts is confirmed by contemporaneous BP‑lineage art (e.g., EP 0 088 562 A2 lists "chromium acetylacetonate" among the chromium compounds for a Phillips precursor, https://patentimages.storage.googleapis.com/d5/a3/29/d386f8fac9ba81/EP0088562A2.pdf) and by US 4,454,242.
  • (b) Order of addition. Rearranging which reagent is contacted with the support first, absent evidence of a different product, is a routine design choice; optimization of a known process variable is generally obvious. In re Aller, 220 F.2d 454 (CCPA 1955).

Combination D — '695 alone, for the sub‑genus point. Even if '840 were disregarded, the C₁–C₁₀ limitation over '695's C₁–C₂₀ disclosure would be prima facie obvious, though this alone would not reach the vanadium element.


5. The patentee's counterarguments, and how they fare

Argument Assessment
Unexpected results — temperature sensitivity. The spec asserts that a 3.3 °C change shifts MI by no more than 0.01 with the '840 catalyst, whereas the '592 catalyst's MI "can easily be varied to a considerable degree" (Examples 3 and 5: 97 °C → MI 0.10; 101 °C → MI 0.21). This is the patent's best argument and the reason the case is close. Its weaknesses: (i) the comparison is not apples‑to‑apples — '840's data are from solution polymerization at 145–148.3 °C in cyclohexane, while the '592's are slurry runs at 92–106 °C in isobutane; (ii) '840 already taught that the V chelate changes MI, so a PHOSITA would expect a MI effect from the added V; (iii) no data separate the contribution of the V chelate from that of the different Cr introduction route or the different polymerization regime. A court applying Graham factor 3 could still credit it, so this is where a validity challenge would live.
Unexpected results — hydrogen sensitivity. The spec and Table (Examples 3 vs. 7; 6–8) show substantial MI response to H₂. Same problem: H₂ responsiveness is a known function of catalyst formulation and polymerization conditions; no comparison against '840 under identical slurry conditions is provided.
Teaching away. '840 says the V chelate gives "considerably lower melt index" — i.e., higher MW — arguably away from the '592's lower‑MW goal. Weak. A statement that an additive moves MI in one direction is a teaching of what the variable does, not a discouragement from using it (particularly where the '592's own data cover MI 0.01–2.8 across 92–106 °C). KSR also rejects rigid "teaching away" formalism where the art identifies a predictable solution.
Criticality of claimed ranges (C₁–C₁₀; 200–1200 °C). Not supported: no comparative data at the boundaries; ranges overlap or fall within the references' disclosed ranges. Peterson; Wertheim; Aller.
Prior art is non‑analogous. Fails: '695, '840, and '844 are all supported Cr/V olefin polymerization catalysts.
Common ownership / § 103(c). Does not help. Pre‑AIA § 103(c) disqualified only art qualifying solely under § 102(f) or (g). '695 issued 1979‑03‑27, more than one year before the 7 May 1980 priority date, making it § 102(b) art — and § 102(b) has no "by another" requirement, so an inventor's or his company's own earlier patent is a statutory bar. (The '592 spec itself cites '695 as prior art.)
The examiner allowed it over '695 and '840 — both of record. True and worth weighing, but not dispositive. Grant creates no presumption that survives a proper § 103 analysis, and the record shows the examiner cited both references (they appear in the "Patent Citations" table and in the specification discussion). The allowance most likely turned on the argument that the claimed product was not the same as '840's — precisely the argument that Thorpe/Marosi/Best says must be proven on the product, not on the process steps.

6. Conclusion and confidence

Most likely outcome of a § 103 challenge to claim 1: the claim would be held invalid as obvious over US 4,146,695 in view of US 3,635,840 (with US 3,033,844 as a corroborating secondary reference on the Cr+V+organoaluminum combination). The core reasoning chain is:

'695 gives the Cr‑diketonate/organoaluminum/support/200–1200 °C catalyst and its preparation. '840 gives the vanadium or vanadyl β‑diketonate as the third component of that very system and expressly teaches that its presence changes melt index and boosts productivity. Both are analogous art aimed at the same problem — controlling MI/MW in chromium‑catalyzed ethylene polymerization — and both converge on a calcined supported Cr‑V oxide of the same class the '592's preamble names. Adding one known chelate to a known chelate/organoaluminum reaction mixture is the predictable use of a known element according to its established function (KSR). The claim's ranges are either disclosed by '695 or within it, and no criticality is shown.

Confidence: moderate‑to‑high on the combination theory and the motivation analysis; moderate on the ultimate outcome, because the temperature/hydrogen‑sensitivity argument is a genuine (if imperfectly evidenced) secondary consideration, and because the claim was never tested — no IPR, reexam, or litigation exists (see the litigation section).

What would change the answer: (i) a comparative experiment run at 92–106 °C in slurry over the '840 example‑type catalyst showing a materially smaller MI temperature response than the '592 catalyst under identical conditions — that would make the unexpected‑results argument concrete; (ii) contrary evidence about what US 3,351,623 teaches (unverified here); (iii) any certificate of correction or reissue that altered claim 1's text.

Caveats flagged for the record:

  • Literal-identifier note: the reference cited on the face of the patent renders as US3033844A, i.e. US 3,033,844 (Standard Oil) — consistent with the earlier summary's "US 3,033,844." I did not verify the inventor names the earlier section attributed to it.
  • US 3,351,623 (family‑cited) — content not verified; I make no assertion about what it discloses. Its numeric string also collides with the unrelated JP 3351623 B2.
  • The claim‑1 "inert organic supporting material" vs. "inert inorganic supporting material" discrepancy flagged in the earlier sections is not resolved here; note only that under either reading the claim remains obvious, since the prior art discloses inorganic oxide supports and an organic‑support construction would be unsupported by the specification under § 112.
  • Case citations are given from the standard doctrine; pinpoint pin cites and current citation formats should be re‑verified before any formal use.

Generated 9/29/2026, 12:04:28 PM

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