Interference No. 104,703
Page No. 2
I. Summary of the Opinion
The parties have agreed to settle this interference. (Submission of Settlement Agreement,
Paper No. 40). In settling the interference, however, the parties have filed several preliminary
motions requesting that the interference be redefined. Specifically, the parties have filed motions
requesting that the count and claim correspondence be modified (Suwa Preliminary Motions 1
and 4, Goodall Preliminary Motion 2), requested priority benefit (Suwa Preliminary Motion 5)
and requested the addition of new claims and an application to the interference (Suwa
Preliminary Motions 2 and 3 and Goodall Preliminary Motion 1). All of the motions filed in this
interference are unopposed. Contingent upon the grant of these motions, Suwa has requested
adverse judgment as to proposed Count A. (Paper No. 37 and Suwa Preliminary Motion 1, Paper
No. 31). Also, contingent upon the grant of these motions, Goodall has requested adverse
judgment as to the two other proposed Counts B and C. (Goodall Response 1, Paper No. 39).
Based on the evidence presented and the reasoning provided, we grant the parties’
motions. Priority of invention is awarded against Suwa for Count A and against Goodall as to
Counts B and C.
II. Findings of Fact
A. Real Parties in Interest
1. Junior Party
F1. Goodall’s U.S. Patent No. 6,136,499 (“‘499”) is said to have been assigned to Sumitomo
Bakelite Co., Ltd. (Goodall’s Notice of Change of Real Party in Interest, Paper No. 18).
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