Interference 103,482
of the conventional means of polymerization will give a
hemiisotactic structure. Ewen 034, col. 5, lines 65-68.
Ewen also notes that the “new catalyst produces a
structure
of polypropylene termed hemiisotactic....” Ewen 034,
col. 9, lines 26-28. In view of this disclosure, the
phrase
“to produce hemiisotactic olefin polymers” limits the
claim
coverage to compounds which necessarily form
hemiisotactic
polymers. Compounds that meet the general formula and
form
hemiisotactic as well as isotactic or other polymer forms
are, in my view, outside the scope of the claims.
The APJ did not consider Klouras, because the reference
submitted was not written entirely in English (Paper No. 52,
p. 2, second full para.). Finally, with regard to the
unpatentability of Claims 1-3 and 5-7 under 35 U.S.C. § 112,
second paragraph, the APJ indicated that “Dolle . . . failed
to satisfy the burden of showing that Ewen’s claims 1-3 and
4[sic, 5]-7 are indefinite” (Paper No. 52, p. 13, second
para.).
W. June 30, 1998 -- The APJ entered Sua Sponte Decision
On Patentability Of Dolle’s Claims 4, 6-8, 12-26 And Proposed
Claims 27-30 (Paper No. 53). The APJ held that Claims 4, 6-8,
and 12-26 then pending in Dolle’s Application 08/147,006,
filed November 1, 1993, and proposed Claims 27-30 of Dolle’s §
1.633(c) Motion To Redefine Interfering Subject Matter (Paper
16
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