Interference 103,482
Application P3916553.1 for the subject matter of amended Claim
8 was dismissed as moot (Paper No. 59, pp. 2-3).
DD. June 30, 1998 -- The APJ entered Decision On Ewen
Motion For Judgment No. 1 Under 37 C.F.R. § 1.633(a)(Paper
No. 18)(Paper No. 60). The APJ denied Ewen’s motion for
judgment that the subject matter of Dolle’s claims is
unpatentable
(1) under 35 U.S.C. § 102 over, and/or under 35 U.S.C. § 103
in view of, the teaching of either U.S. Patent 4,892,851,
which issued from Ewen et al. Application 07/220,007 filed
July 15, 1988, or Ewen et al., “Syndiospecific Propylene
Polymerizations with Group 4 Metallocenes,” Journal of the
American Chemical Society, Vol. 110, pp. 6255-56
(1988)(hereafter Ewen JACS), and/or (2) under 35 U.S.C. § 112,
first, second, and fourth paragraphs.
The APJ found (Paper No. 60, p. 8):
A central issue with respect to Ewen’s motion on
patentability over the prior art and under the first
and second paragraphs of § 112, is the construction to
be given to the phrase “sequence length” as used in
Dolle’s claims and specification.
The APJ construed the phrase “sequence length” in Dolle’s
claimed “process for the preparation of a syndio-isoblock
polymer having molecular chains in which syndiotactic and
23
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