Interference No. 103,029
as to require that we hold that Federl has descriptive support
for ECH/EO at 50:50 weight percent.
The extrinsic evidence that party Barnhouse points
to is in the file wrapper of the Federl patent. On May 27,
1986, just two weeks after the patent issued, the Federl
patent inventors filed for a certificate of correction for the
Federl patent. The certificate was filed under the provisions
of 37 CFR § 1.323 and sought to correct column 4, at line 45,
by the addition of the text --(molar basis)--. If corrected,
the text of column 4 that refers to the specific embodiment
would have read as follows:
The epihalohydrin copolymer considered
in these examples is a 50/50 (molar basis)
copolymer of epichlorohydrin and ethylene
oxide.12
As noted above, the parties agree that the text, if corrected,
would have stated that the specific embodiment of the Federl
patent lay outside the scope of the count. The certificate
cover letter was signed by Emily Richeson, counsel for the
assignee. The certificate was refused entry by the examining
12 Federl patent file wrapper Paper No. 7.
18
Page: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
Last modified: November 3, 2007