Interference 103,482
Thus, it would have been well within the ordinary skill of the
artisan to calculate the average sequence length for the
isotactic and syndiotactic sequences of the polypropylenes of
Dolle’s Examples 3-12 using Buschermohler’s formulas, verify
Dolle’s disclosed results, and then screen other polyolefins
for “molecular chains in which syndiotactic and isotactic
sequences are present and the sequence length is 3 to 50
monomer units” by accurate triad analyses of pentad
distributions from C-13 NMR spectra and calculations based on
Buschermohler’s prior art formulas. The preponderance of the
evidence presented in this interference indicates that it
would have been well within the ordinary skill in the art to
determine the metes and bounds of the subject matter Dolle
claims.
Moreover, the evidence indicates that our interpretation
of the language of Dolle’s claims is not only consistent with
the description of the invention and examples in Dolle
Application 08/147,006 but also consistent with the
description of the invention and examples disclosed in Ewen,
U.S. 5,036,034; Ewen
et al., U.S. 4,892,851; and Ewen, U.S. 4,522,922, based on
similar calculations using C-13 NMR pentad distribution data
84
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