Interference 103,482
U.S. Patent 5,036,034, issued from Application 07/419,221,
filed October 10, 1989, and Dolle’s Application 08/147,006,
filed November 1, 1993 for the subject matter defined by Count
1 (Count 1 is reproduced in attached Appendix A). Claims 1-8
of Ewen’s U.S. Patent 5,036,034 and Claims 4-6, 8, and 12-26
of Dolle’s Application 08/147,006 were designated as
corresponding to Count 1. Having been accorded (1) benefit of
the August 10, 1992, filing date
of U.S. continuing Application 07/927,869; (2) benefit of the
May 17, 1990, filing date of U.S. divisional Application
07/525,096; and (3) benefit of the May 20, 1989, filing date
of Federal Republic of Germany Application P3916553.1 for
Count 1, Dolle was named Senior Party.
J. May 10, 1995 -- Ewen filed Ewen Motion For Judgment
No. 1 Under 37 CFR § 1.633(a)(Paper No. 18). Ewen argued that
the subject matter of Dolle’s claims corresponding to Count 1
is unpatentable: (1) under 35 U.S.C. § 102 over, and/or under
35 U.S.C. § 103 in view of, the teaching of either U.S. Patent
4,892,851, which issued from Ewen et al. Application
07/220,007 filed July 15, 1988, or Ewen et al.,
“Syndiospecific Propylene Polymerizations with Group 4
Metallocenes,” Journal of the American Chemical Society, Vol.
7
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