Interference No. 104,703
Page No. 9
units in the polymer backbone. In contrast to AD polymers, as synthesized, Suwa states that
ROMP polymers have unsaturated polymer backbones. As a result, ROMP and AD polymers are
said to exhibit significantly different physical properties, including glass transition temperatures
and thermal stability. (Paper No. 31, ¶ 21).2
Mr. Sturtevant testifies that significant differences in glass transition temperature and
thermal stability between AD and ROMP polymers would have a significant influence on resist
characteristics and could ultimately affect the resolutions that can be achieved using the
photoresist. (SX 1005, ¶4). Mr. Sturtevant’s testimony on this point is consistent with the
written description provided in the Goodall et al., U.S. 5,569,730 patent (“‘730,” SX 1003). For
example, the ‘730 patent states that “[t]he differences in the structure of ROMP and addition
polymers of NB type monomers is evidenced in their properties, e.g., thermal properties.” (SX
1003, col. 2, lines 7-9). Based on Mr. Sturtevant testimony and the statements provided in the
‘730 patent, we conclude that Suwa has demonstrated that the Count A AD polymers and the
Count B ROMP polymers are patentably distinct inventions.
b. Differences Between MA Polymers and AD and ROMP Polymers
Suwa argues that Count C (MA Copolymer) is a separately patentable invention from
Count B (ROMP polymer). According to Suwa, there are structural differences between the two
classes of polymers which patentably distinguish them from one another. Specifically, ROMP
2 We note that:
A ROMP polymer has a different structure than that of an addition polymer. A ROMP
polymer contains a repeat unit with one less cyclic unit than did the starting monomer. (SX
1001, col. 13, lines 50-52).
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