Interference 103,482
this respect, the polymer structure identified in the
Dolle application as having a sequence length of 3-50
is said to be a new polymer structure, and in fact,
the Winter Declaration on page 4 specifically states:
The syndio-isoblock polymer of Dolle et al is
different from the polymers known before Dolle
et al invented the new polymer.
Yet, the Randall publication . . . specifically discloses
polypropylene which has an “isotactic sequence length”
and
a “syndiotactic sequence length” within the range of 3-50
when calculated using the Winter Equations (i) and (ii).
In this respect, reference is made to the polypropylene
described in the Randall paper at page 2090 as “amorphous
polypropylene.” Based upon the pentad analysis presented
in Table II of Randall, the amorphous polymer there has
an isotactic sequence length, calculated using Winter’s
Equation (i), of 3.6. The syndiotactic sequence length,
calculated in accordance with Winter’s Equation (ii) from
the pentad analysis of Table II is 3.4. These
calculations
are shown in Attachment A [(RE 33) or B (RE 46)] to this
Declaration. Thus, I conclude that whatever is meant by
the Dolle sequence length, it cannot mean a polymer
having
number average sequence lengths calculated in accordance
with Winter’s Equations (i) and (ii) if the intent in the
Dolle et al application is to denominate a novel polymer
by this definition and if, as stated by Winter, the Dolle
et al polymer is different from previously-known
polymers.
We note first that Gauthier erred in determining that the
number average isotactic sequence length for the amorphous
polypropylene represented by the unique C-13 NMR spectrum of
Randall’s Figure 1 and the pentad distribution of Randall’s
68
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