HEUSCHEN et al. V. OKAMOTO - Page 2




              Interference No. 103,272                                                                                       


              SOFOCLEOUS, Administrative Patent Judge.                                                                       


                                                    FINAL DECISION                                                           
                             The subject matter of this interference relates to polycarbonate resins which                   
              are used in the manufacture of compact discs.  The count of this interference is as follows:                   
              Count 2                                                                                                        
                             A para-cumylphenol endcapped polycarbonate resin (a) having a Kasha                             
              Index of from about 2800 to about 3400 centiseconds at 250EC., or (b) having a viscosity-                      
              average molecular weight in the range from 10,000 to 17,000.                                                   
                             The party Heuschen et al.'s (hereinafter "Heuschen") claims 1 to 5, 9 and 10                    
              and the party Okamoto's claims 1 to 7 correspond to the count.  No issue of interference-                      
              in-fact under 37 CFR § 1.633(b) or separate patentability of claims under 37 CFR  §                            
              1.633(c)(4) has been raised.                                                                                   
                             After rendering the Decision on Preliminary Motions, the Administrative                         
              Patent Judge (APJ) set times for both parties to present testimony.  Both parties                              
                                                   3                                                                         
              presented testimony, filed records  and appeared, through counsel, at final hearing.  The                      
              senior party Okamoto did not present priority testimony but relies upon the benefit under                      
              35 U.S.C. § 119 of its Japanese application, 62-213252, filed August 27, 1987.                                 
                                                          ISSUES                                                             


                      3                                                                                                      
               The Heuschen record will be referred to as HR followed by its page number; each                               
              Heuschen exhibit, as HX followed by its number.  Similarly, the Okamoto record will be referred                
              to as OR followed by its page number; each Okamoto exhibit, as OX followed by its number.                      
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