Interference 103,482
compounds and catalysts commensurate in scope with those
defined in
Claims 27-30 cannot be used to prepare hemiisotactic polymers
outside the scope of “syndio-isoblock polymers having
molecular chains in which syndiotactic and isotactic sequences
are present and the sequence length is 3 to 50 monomer units”
or syndiotactic polymers of Ewen et al., U.S. 4,892,851, which
Dr. Scott argues would inherently include a substantial number
of the isotactic “mistakes” (RE 5-6, bridging para.).
B. Patentability of Dolle Claims 4-6, 8, 12-26, 28
and 30-37 under 35 U.S.C. § 112, 1st and 2nd para.
Consistent with the APJ’s findings (Paper No. 60) and our
interpretation hereinabove of the scope of the subject matter
Dolle claims, we find that Dolle’s claims particularly point
out and distinctly claim the subject matter which Dolle
regards as his invention in the manner required by the second
paragraph of 35 U.S.C. § 112. Given our interpretation of the
scope of the subject matter which persons having ordinary
skill in the art reasonably would have understood Dolle’s
claims to cover in light of Dolle’s specification, prosecution
history, and the knowledge in the art at the time, we hold
that Claims 4-6, 8, 12-26, 28
and 30-37 of Dolle Application 08/147,006 are directed to
109
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