Interference No. 104,733 Page No. 19 interference-in-fact. Id. (bold emphasis added). In particular, the CCPA noted that both parties carried out the same process in which a conjugated diene material reacted with impurities according to the Diels-Alder reaction. Further, there was no dispute that the cyclopentadiene of Aelony and the eight conjugated dienes of Arni were all common Diels-Alderdienes. Id. The decision in Aelony denied a motion for no interference-in-fact where two parties were claiming patentably indistinct inventions. Specifically, in deciding the question of no interference-in-fact, the CCPA focused its attention on whether or not the parties claims were patentably distinct from each other. Where the claims of the parties are not patentably distinct from each other, the parties are claiming the same inventive concept and it is understood that only one patent should issue. 3. Case v. CPC Intemational, Inc. Case involved an appeal from a decision of a district court in a civil action under 35 USC §146 upholding the award of priority to CPC International, Inc., ("CPC") in an interference proceeding in the USPTO. The subject matter in the interference was directed to polyether polyols that consisted essentially of oxyalkylated polyalcohols and oxyalkylated polysaccha rides. Case v. CPC Intl, Inc., 730 F.2d 745, 747, 221 USPQ 196, 198 (Fed. Cir. 1984). The interference was provoked by CPC. To provoke the interference, CPC copied Case's patented claims. Of note, Case's patented claims specified that an oxyalkylated polyalcohol was present in an amount of 10 to 95% by weight and that anPage: Previous 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 NextLast modified: November 3, 2007