Interference 103,482
110, pp. 6255-56 (1988); and (2) under 35 U.S.C. § 112,
first and second paragraphs, with express derision for the
recitation in Dolle’s Claim 4 of
“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” (Paper No. 18, pp.
17-21).1
K. May 11, 1995 -- Dolle filed Dolle Motion For
Judgment Pursuant To 37 CFR § 1.633(a)(Paper No. 14). Dolle
argued that (1) Claims 1-3 and 5-7 of Ewen’s U.S. 5,036,034,
issued from Application 07/419,221 filed October 10, 1989, are
unpatentable under 35 U.S.C. § 103 in view of the teaching of
Miya et al. (Miya), U.S. Patent 4,931,417, issued June 5,
1990, from an application filed November 2, 1988; (2) Claims
1-3 of Ewen’s
U.S. 5,036,034, are unpatentable under 35 U.S.C. § 102 as
described by Klouras et al. (Klouras), “Ringsubstituierte (1)
Titanocenophanes,” Monatsheste fur Chemie, Vol. 112, pp. 887-
897 (1981); (3) Claims 1-3 and 5-7 of Ewen’s U.S. 5,036,034
1 Ewen also urged that a number of Dolle’s claims were
unpatentable under 35 U.S.C. § 112, fourth paragraph, as
improperly dependent on claims which were either canceled or drawn
to subject matter of narrower scope (Paper No. 18, p. 21).
8
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