Interference 103,482
the Fischer projection presentation would be
characterized as follows:
\ \ \ \ \ \ \ \ \ \ \ \ \ (23)
\ \ \ \ \ \ \ \ .
We are not persuaded by the additional structure that
either
Ewen JACS itself or the combined teachings of Ewen JACS and
Ewen et al., U.S. 4,892,851, reasonably would have suggested
an invention encompassed by Claims 4-6, 8, 12-26, and 31-37 of
Dolle Application 08/147,006 to persons having ordinary skill
in the art. The Zr and Hf metallocenes with which Ewen JACS
appears to have polymerized propylene are not metallocene
compounds of Dolle’s claims. The cyclopentadienyl and
fluorenyl rings of the metallocenes Ewen JACS employed were
not substituted in at least one “R through R " ring position3 8
as Dolle requires for the metallocenes he claims. Next, the
Zr metallocene-produced polymer described at page 6256, column
1, of Ewen JACS has the microstructure --
rrrrrmmrrrrrmrrrrrmmrrrrr--. Third, Ewen JACS explicitly
states (Ewen JACS, p. 6256, col. 1; emphasis added):
Two percent of the polymer obtained with Hf consists
of isotactic blocks. The ...rrrrrrrrmmmmrrrrrrrr...
stereoblock microstructure or the isotactic/syndiotactic
mixtures are attributed to syndiospecific contact ion
pairs and associated neutral, isospecific complexes.
106
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