Interference No. 103,303
We note that the Galimberti et al. specification, column
1, lines 64 to 68, states that by operating the process for
preparing the copolymers, one obtains copolymers with a
homogeneous comonomer distribution. However, the degree of
homogeneity is not defined in the specification, nor has the
party Galimberti et al. referred us to any portion of its
record to show the degree of homogeneity of its copolymers.
Even if we were to read homogeneous into claim 1, as requested
by the party Galimberti et al, we would necessarily read the
claim as if the copolymer were 100% homogeneous. This,
clearly, is not the case since the copolymer, which is
syndiotactic, may have a rrrr pentad content greater than 85%.
See column 1, line 68 to column 2, line 2. Thus even if we
were to read the homogeneous limitation into the claim, which
we cannot, the copolymer would not appear to be entirely
homogeneous, because of the definition of syndiotactic in the
patent specification. Nowhere is the degree of
syndiotacticity correlated with any degree of homogeneousness.
II
With respect to the Galimberti et al. copolymers having
a fraction soluble in xylene less than 10% by weight, we are
not persuaded that the Asanuma et al. copolymers do not
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