Interference 103,482
sequence length is 3-50 monomer units are not new or conclude
that the same polymers made by different prior art processes
would have been obvious to persons having ordinary skill in
the art in view of prior art teaching, the patentability of
Dolle’s new processes for making the old or obvious polymers
using the specific metallocene catalysts or the specific
metallocene catalysts which Dolle alone decribes as useful for
making the old or obvious polymers is unaffected. The
patentability of a product does not depend on the
patentability of its method of production and vice versa.
In re Thorpe, 777 F.2d 695, 697, 227 USPQ 964, 966 (Fed. Cir.
1985). The patentability of Dolle’s process of making and/or
metallocene catalyst for use in making syndio-isoblock
polymers having molecular chains in which syndiotactic and
isotactic sequences are present and the sequence length is 3-
50 monomer units does not depend on the patentability of the
product made.
Next, Dr. Scott states (Declaration of Carl Scott, pp. 8-
9 (RE 7-8); emphasis added):
I assume that Dolle et al by calling in their
claims for a “syndio-isoblock polymer having molecular
chains in which syndiotactic and isotactic sequences are
present and the sequence length is 30[sic]-50 monomer
units...” did not intend . . . by the quoted language
to call for syndiotactic polypropylene or isotactic
70
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