Interference 103,482
skill in the art; and (4) persons skilled in the art could
have verified their calculations of
the average sequence lengths of the syndiotactic and isotactic
sequences of any new polyolefin and the relationship of their
polyolefin to the syndio-isoblock polymers defined in Dolle
claims by reference to the C-13 NMR pentad data and average
sequence lengths that Dolle provides for the syndiotactic and
isotactic sequences of polymers prepared in accordance with
his examples. Considering all the evidence before us, it is
our view that Ewen has not met its burden to establish that
Dolle’s claims which include references to “sequence length”
are so vague and indefinite that persons having ordinary skill
in the art reasonably would not have understood, or could not
have readily determined, the metes and bounds of the subject
matter claimed in the manner required by the second paragraph
of 35 U.S.C. § 112.
Nor has Ewen satisfactorily explained why persons having
ordinary skill in the art otherwise reasonably would have been
confused by art-recognized claim terminology, reasonably would
have interpreted the language of Dolle’s claims in a manner
inconsistent with Dolle supporting specification, prosecution
history, and knowledge in the art, reasonably would have
112
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