Interference No. 103,303
polymerization in the liquid phase; and both conduct the
polymerization in overlapping temperature ranges.
Asanuma et al.'s claim 16 differs in two respects from
Galimberti et al.'s claim 2. Claim 16 does not recite whether
the reactants are either gaseous or liquid. Consequently,
claim 16 embraces both gaseous and liquid reactants. Claim 16
does not recite continuously feeding the reactants, but rather
recites polymerizing the reactants. Consequently, claim 16
embraces both batch and continuous processes.
The burden is upon the party Galimberti et al. to show
that the process of its claim 2 is patentably distinct from
that of Asanuma et al.'s claim 16. In our view, the party
Galimberti et al. has not sustained its burden, because the
party Galimberti et al. has not shown that the differences
would render its claim 2 patentably distinct from Asanuma et
al.'s claim 16.
To the extent that the party Galimberti urges that its
process maintains the gaseous mixture at a constant ratio, the
argument fails because constant ratio is not a limitation
recited in claim 2. Claim 2 merely recites a range for the 1-
butene content in the gas mixture. In no way would this range
constitute a constant ratio.
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