Interference 103,482
indicated in each of Examples 3-12 of Dolle Application
08/147,006, confirm that no polymer prepared by a process
specifically described in Ewen et al., U.S. 4,892,851, for
which a pentad distribution from its
C-13 NMR spectra is disclosed, has “molecular chains in which
syndiotactic and isotactic sequences are present” and the
average “sequence length is 3 to 50 monomer units” (RD 4-5).
In short, Ewen et al., U.S. 4,892,851, neither specifically
describes subject matter to which Claims 4-6, 8, 12-26, and
31-37 of Dolle Application 08/147,006 is limited, nor
reasonably would have suggested a process, metallocene
compound, or metallocene catalyst of Dolle Claims 4-6, 8, 12-
26, and 31-37 for use in preparing “syndio-isoblock polymers
having molecular chains in which syndiotactic and isotactic
sequences are present and the sequence length is 3 to 50
monomer units” (Claim 32).
However, Party Ewen argues (Brief Ewen, p. 22, first
para.):
The aforementioned Ewen et al. JACS article
(Ewen JACS)(Exhibit D) discloses the same
isopropylene(cyclopentadienyl)(fluorenyl)hafnium or
zirconium dichlorides as described above with respect
to Ewen ‘851, that is, Structure (20). Ewen JACS adds
a bit of information with respect to polymer structure
when it refers to an isotactic/syndiotactic polymer
having a stereoblock microstructure indicated by the
icosad -- rrrrrrrrmmmmrrrrrrrr-- which in terms of
105
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