Interference 103,482
on a triad analysis of pentad distribution data. Persons
skilled in the art would have realized from Dolle’s disclosure
that the n and n values for the polymers produced by theiso syn
processes of Dolle’s examples, and accordingly, the n and niso syn
values for all polymers produced by the processes and
catalysts Dolle claims, cannot be calculated from the unique
pentad distribution data Dolle and others provide using less
accurate analyses and different formulas.
Dr. Atwood opines that Randall’s equations are based on
certain presumptions and that the n and n values Dolleiso syn
reports for Example 8 cannot be verified from the reported
data from Randall’s equations. We can neither confirm nor
deny Dr. Atwood’s opinions based on the evidence presented
in this interference. The record shows that (1)
Buschermohle’s formulas were known in the art at the time
Dolle filed his applications (DE 9), (2) Ewen did not deny
Winter’s declaration that Winter’s formulas (I) and (II) are
based on, and derived from, the Randall calculations (RD 2-3),
and (3) the n and n values Dolle reports for Example 8 caniso syn
be verified from the data Dolle discloses using Buschermohle’s
formulas for calculating n and n which are mereiso syn
transformations of Winter’s formulas (I) and (II)(RD 3-4).
83
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