Interference 103,482
Then he found that Ewen Application 07/220,007 does provide a
written description of an embodiment encompassed by Count 2
because (Paper No. 61, pp. 2-3, bridging para.):
. . . [Application 07/220,007] does not describe
(1) the formation of either syndio-isoblock polymer
having molecular chains in which syndiotactic and
isotactic sequences are present and the sequence
length is 3 to 50 monomer units or hemiisotactic
olefin polymer or (2) a metallocene compound meeting
the requisites of the count.
In response to Ewen’s argument that Application
07/220,007 describes syndiotactic polymers having isotactic
meso (mm) triad “mistakes” three monomers in length,
purportedly isotactic sequences with a sequence length of 3
monomer units, the APJ ruled that the term “sequence length”
refers to “average sequence length” as used in Dolle’s claims
corresponding to the count (Paper No. 61, p. 3, first two
para.). The APJ found (Paper
No. 61, p. 3, second full para.), “As shown by the Winter
Declaration (Dolle Ex. 7)[,] the average lengths of the
isotactic sequences in the Ewen 851 examples were less than 3
and thus outside the range of 3 to 50 monomers. Dolle Ex. 7,
p. 4)”.
The APJ was not persuaded by Ewen’s argument that generic
teaching of suitable metallocenes in Application 07/220,007,
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