Interference 103,482 in view of the teaching of Miya, U.S. 4,931,417 (attached hereto as Appendix B), issued June 5, 1990, from Application 07/266,065, filed November 2, 1988 (Paper No. 52, p. 12, l. 7- 8). After holding that “Miya . . . is prior art under 35 U.S.C. § 102(e)” (Paper No. 52, p. 9, last para.), the APJ found, inter alia (Paper No. 52, pp. 7-9): 44. Miya expressly describes a number of metallocene compounds . . . some of which fall within the generic formula set out in Ewen 034's claims 1-3 and 5-8 and lack bilateral symmetry. . . . . . . . . 46. Miya discloses the use of an ionizing agent along with the metallocene compound, including methylaluminoxane, in carrying out polymerizations. . . . 47. Miya teaches that the compounds are useful as a catalyst for “stereoregular-olefin polymerization.” Miya, col. 1, lines 10-12. 48. Miya’s Examples 7, 9, 15, 17, and 21 describe polymerizations using metallocene compounds which lack bilateral symmetry and are covered by the general formula of claims 1-3 and 5-7 of Ewen 034. 49. Miya’s examples 7, 9, 15, 17 and 21 demonstrate polymerizations which result in the formation of isotactic polymers. 50. Miya does not describe the formation of hemiisotactic polymers. 51. Because of the lack of description of hemiisotactic 14Page: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 NextLast modified: November 3, 2007