EWEN V. DOLLE et al. - Page 121




          Interference 103,482                                                        
          polymers described in Ewen et al., U.S. Patent 4,892,851,                   
          whether or not the syndiotactic polymers inherently include                 
          occasional mistakes of three monomer units, and further                     
          conclude that persons skilled in the art immediately would                  
          have understood that the syndiotactic polymers the prior art                
          describes are not hemiisotactic polymers.                                   
               We find that the syndiotactic polymer-producing                        
          metallocene catalysts described in Ewen et al., U.S. Patent                 
          4,892,851, cannot be hemiisotactic polymer-producing                        
          metallocene catalysts of the type described in Ewen, U.S.                   
          Patent 5,036,034.  Ewen et al., U.S. 4,892,851, relates at                  
          column 12, lines 29-37 (emphasis added):                                    
                    The data shown in Tables 1-4 and in FIGS. 2                       
               and 3 show that the catalysts of the present invention                 
               produce a predominantly syndiotactic polymer that                      
               has high crystallinity and a novel microstructure.                     
               Particularly, the NMR data shown in Tables 3 and 4                     
               establish that the xylene insoluble fraction consists                  
               of a very high percentage of syndiotactic polymer with                 
               very little, if any, isotactic polymer being produced.                 
          At column 13, line 67, to column 14, line 5, of U.S. Patent                 
          4,892,851, Ewen et al. indicate that (emphasis added):                      
               . . . similar results are obtainable through the use of                
               other ligands consisting of bridged Cp rings in which one              
               of the Cp rings is substituted in a substantially                      
          different                                                                   
               manner from the other Cp ring, e.g., an indenyl radical                
               and a Cp ring, a tetramethyl substituted Cp ring and a                 
               Cp ring, a dialkyl substituted Cp ring and a monoalkyl                 
                                         121                                          





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