Interference No. 103,303
possess the requisite solubility. In support of its position
that the Asanuma et al. copolymers do not possess the
requisite solubility, the party Galimberti et al. allegedly
replicated example 3 of Asanuma et al.'s application and found
that the copolymer produced therein, albeit having a
composition within the scope of Galimberti's claim, possessed
a xylene solubility
of 59%.
We agree with the party Asanuma et al. that the party
Galimberti et al did not fairly replicate the example within
the teachings of the application.
Example 3 reads, in part, as follows:
In a 2-liter autoclave, the same amount of the
same catalyst as in Example 1 was dissolved in 1
liter of toluene, and propylene was placed therein
at 30EC until a level of 5 kg/cm G had been reached.2
After-ward, 45 g of butene-1 was injected thereinto
at the same temperature, and polymerization reaction
was carried out at 30EC for 2 hours, while propylene
was added thereto so that the polymerization
pressure might always be 5 kg/cm G. After the2
unpolymerized monomers had been purged, the
autoclave was opened, and the contents thereof were
filtered, washed with toluene (1 liter, 5 times)
and dried in the same manner as in Example 1,
thereby obtaining 64.3 g of a powdery copolymer.
The example states that the catalyst was dissolved in 1
liter of toluene, and propylene was placed therein and
"[a]fterward, 45 g of butene-1 was injected thereto. . . ."
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