Interference 103,482
to 14 carbon atoms, or R and R’, with the carbon atoms joining
them, form a ring, are 1-olefins because the formula excludes
olefins having a terminal double bond. Notwithstanding the
apparent misnomers in Dolle’s specification, party Ewen has
not explained why the teaching in Dolle Application 08/147,006
as a whole, including Dolle’s teaching that monomers selected
from ethylene, propylene, 1-olefins, and compounds of the
formula RCH=CHR’ in which R and R’ are identical or different
and
are alkyl having 1 to 14 carbon atoms, or R and R’, with the
carbon atoms joining them, form a ring, may be polymerized or
copolymerized to produce polymers having molecular chains in
which syndiotactic and isotactic sequences are present and the
sequence length is 3 to 50 monomer units (Application
08/147,006, spec., p. 11, l. 28, to p. 12, l. 7), is
technically incorrect.
Dolle’s disclosure is directed to persons skilled in the
art. Accordingly, it preferably omits what is well known in
the art. Hybritech, Inc. v. Monoclonal Antibodies, Inc., 802
F.2d 1367, 1384, 231 USPQ 81, 94 (Fed. Cir. 1986). Moreover,
Dolle’s disclosure must be considered in its entirety. When
describing monomers suitable for use in producing syndio-
54
Page: Previous 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 Next
Last modified: November 3, 2007