Interference 103,482
reasonably would have understood the meaning of the terms
“isotactic”
and “syndiotactic” as they relate to and define polyolefins.
For example, at page 1 of the specification Dolle states:
It is known that polypropylene exists in various
structural
isomers:
(a) highly isotactic polypropylene in whose
molecular chains almost all of the tertiary carbon
atoms have
the same configuration,
. . . . .
(c) syndiotactic polypropylene in whose molecular chains
every second tertiary carton [sic] atom has the same
configuration . . . .
It is axiomatic in patent law that patent applicants need
not disclose in the specification, and preferably omit from
the specification, that which is well known in the art.
Hybritech, Inc. v. Monoclonal Antibodies, Inc., 802 F.2d at
1384, 231 USPQ at 94; Lindemann Maschinenfabrik GMBH v.
American Hoist & Derrick Co., 730 F.2d 1452, 1463, 221 USPQ
481, 489 (Fed. Cir. 1984). That the terms isotactic and
syndiotactic were well known in the art at the time Dolle
filed U.S. Application 08/147,006 filed November 1, 1993, U.S.
Application 07/927,869, filed August 10, 1992, U.S.
Application 07/525,096, filed May 17, 1990, and Fed. Rep.
72
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