GALIMBERTI et al. V. ASANUMA et al. - Page 19




                 Interference No. 103,303                                                                                                              


                 (Emphasis added).  We agree with the party Asanuma et al. that                                                                        
                 injecting means adding the butene as quickly as possible to                                                                           
                 the reaction mixture.  The party Galimberti et al. did not add                                                                        
                 butene-1 as quickly as possible but rather added the butene-1                                                                         
                 over a period of 20 minutes.  We are persuaded that the party                                                                         
                 Asanuma et al.'s interpretation of injecting is a reasonable                                                                          
                 one, especially since Dr. Galimberti testified at GR 35 and 36                                                                        
                 that in the examples of his patent methanol was injected into                                                                         
                 the reaction mixture to stop the reaction and that the term                                                                           
                 injected in the context of his patent means to inject methanol                                                                        
                 as a liquid in the shortest possible time.                                                                                            
                          Moreover, we note that party Asanuma et al.'s claim 11                                                                       
                 positively recites a particular range for its C-NMR spectrum.                     13                                                  
                 The Asanuma et al. application teaches at page 7, lines 17 to                                                                         
                 20 and 29, that if the produced copolymer does not meet the                                                                           
                 requirements for C-NMR spectrum, the copolymer must be washed13                                                                                                      
                 with a solvent, such as xylene.  The evidence of the party                                                                            
                 Galimberti et al. does not address this limitation, i.e., show                                                                        
                 that any copolymer which does not meet the requirements of                                                                            
                 13C-NMR spectrum but which meets those requirements after                                                                             
                 washing, would not have a xylene solubility less than 10%.                                                                            
                                                                        III                                                                            

                                                                       -19-                                                                            



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