Interference 103,482
would not have understood the meaning of average sequence
length in the context of the “syndio-isoblock polymer[s]
having molecular chains in which syndiotactic and isotactic
sequences are present and the [average] sequence length is 3
to 50 monomer units“ of Dolle’s claims.
Even if persons having ordinary skill in the art would
have interpreted the phrase “sequence length” to mean “average
sequence length,” Dr. Atwood declares that the meaning of
“average sequence length” as applied to the sequence length
of the isotactic sequences and the syndiotactic sequences of
the polypropylenes or polyolefins to which Dolle refers in
Application 08/147,006 is unclear because average sequence
length may be determined in many different ways. Dr. Atwood
states at page 1 of the Second Declaration of Jerry L. Atwood
(RE 16; emphasis added):
Fundamentally, the Dolle position as presented in Dolle
Opposition Motion No. 1 and Dr. Winter’s declaration . .
.
appears to be that the term “sequence length” actually
means
a number average sequence length as determined in
accordance
with equations ultimately leading to equations 23 and 24
as
found in Randall . . . . If the term, “sequence length”
were considered out of context, this is one possible
meaning
of the term, but it is by no means the only meaning. It
is
74
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