Interference 103,482
to 50 monomer units” appearing in Dolle’s claims means “the
average length of the sequences of the polymers” (Decision On
Ewen Motion For Judgment No. 1 Under 37 C.F.R. §
1.633(a)(Paper 18)(Paper
No. 60), p. 9, first para.). As support for his conclusion,
the APJ emphasized the facts that (1) each of Dolle’s examples
report a separate average sequence length for isotactic
sequences (n ) and for syndiotactic sequences (n ) for theiso syn
polymer produced by its production process; (2) the average
length of the isotactic sequences (n ) and the average length
iso
of syndiotactic sequences (n ) Dolle reports for the polymer
syn
produced by each exemplified process is, as is each of the
sequence lengths of the polymers defined in Dolle’s claims, in
the range of 3 to 50 monomer units; and (3) Winter declares
not only that the meaning of the phrase “sequence length” is
well known in the art, but also that “[t]he isotactic sequence
length and the syndiotactic sequence length are average values
and can be derived by statistical/mathematical calculations”
(Dolle Ex. 7, pp. 1-2). We emphasize that the average length
of the isotactic sequences (n ) and the average length of
iso
syndiotactic sequences (n ) which Dolle reports for the
syn
polymers produced by the process of each and every example are
61
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