EWEN V. DOLLE et al. - Page 8




          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).                  
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