Ex Parte ROHRMANN - Page 3




                   6.    The claims of the parties which correspond to                
          Count 2, and therefore are involved in the interference                     
          (35 U.S.C. § 135(a)), are:                                                  
                   Rohrmann:            6 and 9-18                                    
                   Alt '761:            42, 46, 48 and 90-101                         

                   7.         The claims of the parties which do not                  
          correspond to Count 2, and therefore are not involved in the                
          interference, are:                                                          
                   Rohrmann:            1-5 and 7-8                                   
                   Alt '761:            49, 51-53 and 78-83                           

                   8.    Rohrmann claim 6, mentioned in Count 2, relates to           
          a method of polymerizing an olefin using a metallocene.                     
                   9.    Alt claims 78 and 96, mentioned in Count 2, also             
          relate to method of polymerizing an olefin using a metallocene.             
                   10.   Alt claim 90, mentioned in Count 2, relates to a             
          method of polymerizing ethylene (ethylene is an olefin).                    
                   11.   Rohrmann claim 5, not mentioned in Count 2,                  
          relates to a method of making a metallocene; Rohrmann claim 5               
          does not relate to a method of polymerizing an olefin.                      
                   12.   We will assume that the product produced by the              
          method of Rohrmann claim 5 can be used in the processes defined             
          by each of Rohrmann claim 6 and Alt claims 78, 90 and 96.                   
                   13.   As noted earlier, Alt has filed a preliminary                
          motion seeking to have Rohrmann claim 5 designated as                       
          corresponding to Count 2.  37 CFR § 1.633(c)(3).                            

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