EWEN V. DOLLE et al. - Page 7




          Interference 103,482                                                        
          U.S. Patent 5,036,034, issued from Application 07/419,221,                  
          filed October 10, 1989, and Dolle’s Application 08/147,006,                 
          filed November 1, 1993 for the subject matter defined by Count              
          1 (Count 1 is reproduced in attached Appendix A).  Claims 1-8               
          of Ewen’s U.S. Patent 5,036,034 and Claims 4-6, 8, and 12-26                
          of Dolle’s Application 08/147,006 were designated as                        
          corresponding to Count 1.  Having been accorded (1) benefit of              
          the August 10, 1992, filing date                                            
          of U.S. continuing Application 07/927,869; (2) benefit of the               
          May 17, 1990, filing date of U.S. divisional Application                    
          07/525,096; and (3) benefit of the May 20, 1989, filing date                
          of Federal Republic of Germany Application P3916553.1 for                   
          Count 1, Dolle was named Senior Party.                                      
               J.   May 10, 1995 -- Ewen filed Ewen Motion For Judgment               
          No. 1 Under 37 CFR  1.633(a)(Paper No. 18).  Ewen argued that              
          the subject matter of Dolle’s claims corresponding to Count 1               
          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.               

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