Interference No. 103,303
The test for interference-in-fact is set forth in 37 CFR
§ 1.601(n), which provides that an invention "A" is a separate
patentable invention with respect to invention "B" when
invention "A" is new (35 U.S.C. § 102) and non-obvious (35
U.S.C. § 103) in view of invention "B," assuming invention "B"
is prior art with respect to invention "A." Since the
interference contains two counts, we will address the
respective claims corresponding to each count.
Interference-in-fact as to Count 1
We now turn to the question of whether an interference-
in-fact exists as to count 1, i.e., is Galimberti et al.'s
claim 1 new and nonobvious over Asanuma et al.'s claim 9 or
11, assuming that Asanuma et al.'s claims are prior art with
respect to Galimberti et al.'s claim 1.
Galimberti et al.'s claim 1 reads as follows:
1. Crystalline copolymers of propylene and 1-butene with
an essentially syndiotactic structure, containing from 1.3 to
10 mole % of 1-butene units, having a melting point from 110E
to 140EC., a fraction soluble in xylene at 25EC. less than 10%
by weight, and a composition similar to the mixture of the
monomers present in the gas phase during preparation of said
polymer, wherein the difference between the amount of
comonomer present in the gas phase and the amount of comonomer
in said composition is between 13% to 23% less in the
composition of said copolymer.
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