Interference No. 103,303
and lack of other examples in the Asanuma et al. application
showing copolymers having butene units less than 11.8 mole %
are not relevant to the consideration of the question of no
interference-in-fact. As we noted above, the test for no
interference-in-fact is a showing that the party Galimberti et
al.'s claim 1 is patentably distinct from the party Asanuma et
al.'s claims 9
and 11.
The party Galimberti et al. has not alleged any
criticality in the range of 1.3 to 10 mole % for its 1-butene
monomer vis-à-vis the range of 1 to 24 mole % recited in the
party Asanuma et al.'s claim 11 for its butene monomer. Nor
has the party Galimberti et al. alleged any criticality in its
copolymer having a fraction soluble in xylene less than 10% by
weight. Rather, the party Galimberti et al. argues three
differences between its claim 1 and claims 9 and 11 of the
party Asanuma et al. These differences are (1) the Galimberti
et al.'s copolymers are homogenous whereas the Asanuma
copolymers are not, (2) the Galimberti et al. copolymers have
a fraction soluble in xylene less than 10% by weight whereas
the Asanuma copolymers do not, and (3) the Galimberti et al.
copolymers are made by a different process than the Asanuma
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