Interference 103,482
C-13 NMR spectrum.
Winter cites (RD 2-4) Randall for its teaching that the
average sequence length of the isotactic and syndiotactic
sequences of a polymer may be calculated using either a pentad
or triad analysis of the pentad distribution indicated by its
C-13 NMR spectrum. According to Winter, a triad analysis is
preferred (RD 3). Ewen does not deny, and the greater weight
of evidence supports our finding, that Randall’s teaching was
well known to persons having ordinary skill in the art at the
time Dolle’s earliest applications were filed (RD 2-3; RE 27-
28,
para. 4; RE 36-37, para. 4; DE 9, pp. 38, 139, and 141
(footnotes 93 and 131)). Citing Randall’s instruction,
Winter declares (RD 2; emphasis added):
To get a better accuracy, instead of the data of the
pentad
analysis normally the data of the triad analysis are used
for the sequence length calculation (Randall, page 2092,
line 26).
At page 2092, Randall states:
Since the relative areas of the mmmr resonance appears
{sic] to be too large relative to the rrmm and mrrm
resonances and
could be a major source of error in the analysis, it may
be better to reduce the pentad data to triads . . . [to
calculate] the average sequence length . . . . [T]he
error
77
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