Interference 103,482
HH. September 15, 1998 -- The APJ entered Decision on
Dolle § 1.633(c)(2) Motion to Redefine Interfering Subject
Matter (Paper 64)(Paper No. 77). The APJ held that proposed
amended Claims 4, 16 and 19 and proposed new Claims 31-37 are
directed to the same patentable invention as, and correspond
to, Count 2. Therefore, the APJ granted Dolle’s motion to
amend Claims 4, 16 and 19 of, and add new Claims 31-37 to,
Application 07/147,006 (Paper No. 77, p. 2, second para.).
The APJ held that amended Claims 4, 16 and 19 and new Claims
31-37 are not ambiguous and determined that neither the
amended nor new claims are directed to new matter (Paper No.
77, p. 3, first and second full para.).
The APJ restated his view that new Claims 31-37
significantly differ from Claims 27-30 which were held to be
unpatentable in view of the teaching in Ewen et al., U.S.
Patent 4,892,851, in his Decision On Ewen Motion For Judgment
No. 1
Under 37 C.F.R. § 1.633(a)(Paper 18)(Paper No. 60). Because
new
Claims 31-37 include “the limitation that polymers made using
the metallocenes have ‘molecular chains in which syndiotactic
and isotactic sequences are present and the sequence length is
32
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