GOODALL et al v. SUWA et al. - Page 7




                                                                                                                      Interference No. 104,703                               
                                                                                                                                         Page No. 7                          
                    Company.  Furthermore, Mr. Bell is said to have directed the development of new catalysts and                                                            
                    commercialization efforts involving ruthenium alkylidene derivatives and norbornene- and                                                                 
                    dicyclopentadiene-based polymers from 2000 to April 2001 for Cymetech, LLC.  (GX 2005, ¶1).                                                              


                    F17.      Mr. Bell is said to be an inventor or coinventor of 17 U.S. patents and international                                                          
                    patent applications covering a wide range of subject matter in the fields of polymer science and                                                         
                    catalysis.  (GX 2005, ¶1).                                                                                                                               


                    F18.      Given Mr. Bell’s background, we conclude that he is qualified to testify as to the                                                             
                    knowledge of one skilled in the art in the field of polymer science and catalysis.                                                                       


                    III.      Opinion                                                                                                                                        
                              A.        Suwa Preliminary Motion 1:  Substitute Proposed Counts                                                                               
                              Suwa Preliminary Motion 1 requests that the interference be redefined by substituting two                                                      
                    new counts for the existing count and adding a third new count to the interference.  (Paper No.                                                          
                    31, p. 2).  Goodall does not oppose this motion.  Indeed, Goodall has filed a response requesting                                                        
                    the Suwa Preliminary Motion 1 be granted.  (Goodall Response 1, Paper No. 39, p. 2).                                                                     
                              There are three new proposed counts, A, B and C.  Generally, the subject matter of the                                                         
                    new counts is as follows:                                                                                                                                
                              Count A:  Polymers (“AD”) formed by an addition polymerization reaction.                                                                       
                              Count B:  Polymers (“ROMP”) formed by a ring opening metathesis polymerization.                                                                







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