Interference 103,482
necessary to determine the average sequence length through
conventional means known in the art” (Paper No. 60, p. 12,
second full para.); (2) found that “Ewen has not asserted that
one having ordinary skill in the art would not be able to
determine the average length of the syndiotactic and isotactic
sequences of polymers made according to the process set out in
Dolle’s claims” (Paper No. 60, p. 12, second full para.); and
(3) concluded that “the specification preferably omits . . .
that which is well known in the art” (Paper No. 60, p. 12,
second full para.).
Finally, the APJ denied Ewen’s motion for judgment of
unpatentability under 35 U.S.C. § 102 or 103 over U.S. Patent
4,892,851 or Ewen JACS because (Paper No. 60, p. 13):
Neither reference describes or suggests a process for
forming polymers where the average sequence length for
both the syndiotactic and isotactic sequences is at
least 3 and no more than 50. The fact that some triad
or even pentad meso sequences are present in the
syndiotactic polymers described by the references is
an insufficient basis to find that the average sequence
length for both types of sequence [sic] falls in the
range of 3 to 50 monomers.
EE. June 30, 1998 -- The APJ entered Decision On Ewen
Responsive Motion No. 4 Under 37 CFR § 1.633(f),(j) And 35
U.S.C. 120 (Paper 22)(Paper No. 61). The APJ denied Ewen’s
motion to be accorded benefit of the July 15, 1988, filing
26
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