Interference No. 103,272
Electric's pH equilibration technology. However, the method of manufacturing the resin is
not the Heuschen claimed invention. Rather, the Heuschen claimed invention is a para-
cumyl phenol endcapped polycarbonate resin having a Kasha Index of from about 2800 to
3400 centiseconds at 250EC. Consequently, we agree with the party Heuschen's
argument on page 28 of its Reply Brief that there is no failure to disclose the best mode,
because the Heuschen claimed invention is the para-cumyl phenol endcapped
polycarbonate resin and not the procedure for preparing the polycarbonate.
If we were to assume for the sake of argument that the particular procedure
of manufacture is a part of the Heuschen invention, which it is not, we still are of the view
that there is no failure to disclose the best mode.
Dr. Heuschen testified that the term, “pH equilibration” is used by General
Electric to mean simply the pre-setting of the pH prior to carrying out the polycarbonate
polymerization reaction, i.e., one combines the reactants (bisphenol A, water, methylene
chloride, caustic, polymerization catalyst and endcapping agent), but not the phosgene,
adjusts the pH by adding caustic (sodium hydroxide), and then adds the phosgene to effect
the polymerization to produce polycarbonate. HR 411, 417, 418, 597 and 598. While
acknowledging that the involved Heuschen application does not specifically mention pH
equilibrium, Dr. Heuschen testified that the application does teach that the polycarbonate
can be prepared by standard methods and that pH equilibrium is such a method. HR 432
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