Interference 103,482
732 F.2d 1572, 1577, 221 USPQ 929, 932 (Fed. Cir. 1984). The
axiom applies to the subject matter Dolle claims just as it
applied to the subject matter claimed in Ewen, U.S. Patent
5,036,034.
Finally, because (1) Claims 4, 16, 19, and 31 (Appendix
D) of Dolle Application 08/147,006 are directed to processes
for preparing “a syndio-isoblock polymer having molecular
chains in which syndiotactic and isotactic sequences are
present and the sequence length is 3 to 50 monomer units by
polymerization of propylene or an olefin of the formula
RCH=CHR’ in which R and R’ are identical or different and are
an alkyl radical having 1 to 14 carbon atoms or R and R’
combine with the carbon atoms joining them together to form a
ring”; (2) Claim 36 of Dolle Application 08/147,006 is
directed to the process of Claim 31 for preparing a syndio-
isoblock polymer having molecular chains in which syndiotactic
and isotactic sequences are present and the sequence length is
3 to 50 monomer units by polymerization of an olefin (Claim
31) “wherein said olefin is ethylene or propylene”; and (3)
Claim 37 of Dolle Application 08/147,006 is directed to the
process of Claim 31 ”wherein said olefin is a 1-olefin”, Ewen
argues, purportedly supported by Dr. Gauthier’s declarations
91
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