Interference 103,482
isotactic sequences are present and the sequence length is 3
to 50 monomer units” (Dolle Application 08/147,006; Claim 4)
“to refer to the average length of the sequences of the
polymers” (Paper No. 60, p.9, first para.). In support of his
claim interpretation, the APJ carefully considered the
teaching in the specification. He noted specifically the
specification’s examples of polymer formation using
metallocene catalysts (Paper No. 60, p. 9, second para.):
The examples report various properties of the polymers,
including the sequence lengths, n and n . Dolleiso syn
defines
n and n as follows:iso syn
n = average length of isotactic sequences
iso
n = average length of syndiotactic sequences.
syn
Dolle specification, p. 13, lines 15-16. The reported
values for n and n in the examples range from 3.5-4.0iso syn
and 3.3 to 4.5, respectively. These values are not
inconsistent with the sequence length of 3 to 50 monomer
units set out in the claims. Thus, the specification
supports the view that “sequence length” as used in the
claims refers to the average isotactic and syndiotactic
sequence length.
He also noted (Paper No. 60, last full para.) Dr. Winter’s
declaration (Dolle Exhibit 7) at pages 1-2 that while:
“isotactic sequence” stands for sequences like mmmm,
mmmr,
rmmr, mmrr or mmrm in a polymer chain . . . [, t]he term
“sequence length” however has a completely different
meaning
and is well known from the literature. The isotactic
sequence length and the syndiotactic sequence length
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