Interference 103,482
(2) metallocene compounds and catalysts for use in preparing
syndiotactic polymers such as those described in Ewen et al.,
U.S. 4,892,851, and/or Ewen JACS, which are not syndio-
isoblock polymers as defined in Claims 4-6, 8, 12-26, and 31-
37 of Dolle Application 08/147,006. Accordingly, we conclude
that the metallocene compounds and catalysts of Claims 27-30
of Dolle Application 08/147,006 would have been prima facie
obvious to persons having ordinary skill in the art under 35
U.S.C. § 103 for use in preparing syndiotactic polymers in
view of the syndiospecific catalysts generically described in
Ewen et al., U.S. 4,892,851, particularly those generically
disclosed at column 13, line 59, to column 14, line 5,
thereof.
A prima facie case of unpatentability of the metallocene
compounds and catalysts of Claims 27-30 of Dolle Application
08/147,006 under 35 U.S.C. § 103 having been established in
view of the teaching of Ewen et al., U.S. 4,892,851, the
burden shifted to Dolle to provide evidence of patentability,
e.g.,
an unexpected result commensurate in scope with the claimed
subject matter. Dolle has not shown that metallocene
108
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