Interference 103,482
3 to 50 monomer units...”, neither Ewen 851 nor Ewen JACS
discloses, or would have reasonably suggested, the subject
matter of
Dolle’s new claims (Paper No. 77, p. 4, second para.). The
APJ repeated his Decision On Ewen Motion For Judgment No. 1
Under 37 C.F.R. § 1.633(a)(Paper 18)(Paper No. 60) and
Decision On Reconsideration (Paper No. 68) that the phrase
“‘sequence length’ refers to the average sequence length of
the syndiotactic and isotactic sequences in the polymer and
that the phrase is not indefinite” (Paper No. 77, pp. 4-5,
bridging para.).
With regard to Ewen urging that amended Claims 4, 16 and
19 and new Claims 31-37 are directed to subject matter which
is neither supported nor enabled by the disclosure in Dolle
Application 08/147,006 as drawn to compounds, catalysts,
and/or processes for polymerizing olefins which are not 1-
olefins,
the APJ stated (Paper No. 77, p. 5, first full para.):
. . . Dolle’s specification includes a written
description of the polymerization of olefins which are not
1-olefins.
Dole specification page 11, lines 28-32. This same
portion
of Dolle’s specification provides written descriptive
support for the polymerization of ethylene when both R
and
33
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