EWEN V. DOLLE et al. - Page 38




          Interference 103,482                                                        
                    Ewen’s point 2, assumes that Ewen’s claims 31                     
               and 36 read on the homopolymerization of ethylene.                     
               However, express language of these claims excludes                     
               this interpretation.  For example, claim 31 expressly                  
               requires the formation of “syndio-isoblock polymer                     
               having molecular chains in which syndiotactic and                      
               isotactic sequences are present and the sequence length                
               is 3 to 50 monomer units....”  This limitation excludes                
               homopolymerization of ethylene which would have no                     
               syndiotactic or isotactic sequences.  The claim, however,              
               does not exclude using ethylene as a comonomer.                        
               MM. December 9, 1998 -- Dolle filed Motion To Strike                   
          Under 37 CFR §1.635 (Paper No. 85) and Objections To Evidence               
          (Paper No. 86).  Dolle moved to strike, and objected to the                 
          admissibility of, the following evidence from Submission Of                 
          Ewen et al Evidence-In-Chief (Paper No. 84), filed November                 
          20, 1998:                                                                   
                    (1) Declaration of William J. Gauthier, dated                     
          September 28, 1998, including attachments A and B thereto                   
          (Ewen Exhibit X);                                                           
                    (2) Second Declaration of William J. Gauthier, dated              
          November 19, 1998 (Ewen Exhibit Y), including Randall, James,               
          POLYMER SEQUENCE DETERMINATION Carbon-13 NMR Method, New York,              
          pp. 1-7 and 29-58 (1977)(Ewen Exhibit Z).                                   
               NN. June 30, 1999 -- Dolle filed Motion Under 37 CFR                   
          §1.635 To Suppress Evidence (Paper No. 98).  Dolle objected to              
          the admissibility, and moved to suppress, the following                     

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