Interference 103,482
Similarly here, without undue experimentation or effort or
expense, persons having ordinary skill in the art could
readily determine which monomers cannot be used “for the
preparation
of a syndio-isoblock polymer having molecular chains in which
syndiotactic and isotactic sequences are present and the
sequence length is 3 to 50 monomer units” and, of course,
nobody will use them to prepare syndio-isoblock polymers
having molecular chains in which syndiotactic and isotactic
sequences are present, and Dolle’s claims do not cover them as
a matter of law. Accord In re Johnson, 558 F.2d 1008, 1016,
194 USPQ 187, 194 (CCPA 1977) (“It is clear that those skilled
in the art would have no trouble ascertaining whether any
particular polymer falls within the scope of . . . [the
claim]”).
Moreover, Ewen has not shown, contrary to the objective
teaching in the specification of Dolle Application 08/147,006
at pages 11-12, bridging para., that syndio-isotactic polymers
having molecular chains in which syndiotactic and isotactic
sequences are present, cannot be prepared by polymerizing an
olefin selected from the group consisting of ethylene,
propylene, and olefins of the formula RCH=CHR’ in which R and
96
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