OKAMOTO V. SILVA et al. - Page 2




               Interference No. 103,732                                                                                              


               SOFOCLEOUS, Administrative Patent Judge.                                                                              

                                                        FINAL DECISION                                                               
                               The subject matter of this interference relates to an optical disk substrate                          
               formed of a polycarbonate resin.  The count of this interference is as follows:                                       
               Count 2                                                                                                               
                               An optical disk substrate formed of a polycarbonate resin represented by the                          
               general formula                                                                                                       
               C H -C(CH ) -C H -O-C(O)-[O- /      o-Y- /o-O-C(O)-] O-C H -C(CH ) -C H ,                                              
                 6  5       3 2  6 4                                n     6 4       3 2   6 5                                        
               wherein / o is a phenylene radical and Y is a divalent radical in which one or two atoms                              
               separate the two /  o units bonded thereto, and n is a positive integer.                                              
                               The party Okamoto's claims 1 to 7 and the party Silva et al.'s claims 21 and                          
               22 correspond to count 2.                                                                                             
                               This interference is related to Interference No. 103,272 which involves the                           
               same Okamoto patent.  Since we held in that interference that the party Okamoto is not                                
               entitled to its claims 1 to 7, this interference is moot.  However, for the sake of                                   
               completeness in the event of an appeal of the decision in Interference No. 103,272, we                                
               deem it necessary to decide this interference.                                                                        
                               In his Decision on Preliminary Motions,  the Administrative Patent Judge                              
               (APJ) granted, inter alia, the party Okamoto’s preliminary motion for judgment on the                                 
               ground that there is no interference-in-fact.  The party Silva et al. opposed this motion.                            
               After granting the motion, the APJ notified the parties that judgment would be entered                                

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