Interference 103,482
the same respective average lengths which one skilled in the
art would have calculated using Winter’s equations (I) and
(II) and the data provided in each of Dolle’s examples based
on a triad analysis of the pentad compositions from the C-13
NMR spectrum of each respective polymer (RD 2-3).
Winter declares that equations (I) and (II) were known in
the art at the time each of Dolle’s applications was filed and
were known to be derived “[o]n the basis of the Randall
calculations” (RD 2-3). In support of his declaration, Winter
cites (RD 2-3) Buschermohle, Thesis Universitat Hamburg, 1987,
pp. 38 and 39 (Dolle Ex. 9 (DE 9)). Ewen has not contested7
Winter’s declaration that equations (I) and (II)(RD 2) are in
fact derivable from Winter’s equations (III) and (IV)(RD 2),
equations which are equivalent to the equations appearing on
pages 38-39 of Buschermohle (RD 3; DE 9, pp. 38-39).
Moreover, the derivation is apparent. What is not apparent to
this panel is that Winter’s formulas (I) and (II) correspond
to Randall’s formula (23) for triads (EE VI, p. 2089), are
defined “[o]n
7 On pages 38-39 of Buschermohle’s Thesis, Buschermohle
cites Randall in support of her equations (note 93, 131)(DE 9,
pp 38-39, 139, and 141).
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