Interference 103,482
We proceed to interpret the meaning of the phrase “used
to make a catalyst to produce syndio-isoblock polymers having
molecular chains in which syndiotactic and isotactic sequences
are present and the sequence length is 3 to 50 monomer units”
(emphasis added) in Claims 32-35 of Application 08/147,006
(Appendix D). The phrase “used to make a catalyst” in Dolle’s
claims does not appear to limit the claimed metallocenes or
metallocene catalysts any more or less than would the
functional language “useful to make a catalyst” or “for use in
making a catalyst” in its stead. The histories of prosecution
of the metallocene compounds claimed in Dolle’s applications
and Ewen’s pending and patented applications, and the
arguments made in this interference, indicate that the phrase
“used to make a catalyst” has been and is to be interpreted as
a functional limitation of the scope of the claimed
metallocene compounds. For example, compare Claim 1 of Ewen,
U.S. Patent 5,036,034, to Claim 1 in Ewen’s pending Reissue
Application 08/489,800. Whether the claimed metallocene
compounds are “used to make a catalyst,” “useful to make a
catalyst” or available “for use in making a catalyst”, the
scope of metallocene compounds claimed appears to be the same.
We do not understand, and neither party to this interference
86
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