Interference No. 104,703
Page No. 12
B. Suwa Preliminary Motion 2
Suwa Preliminary Motion 2 requests that the interfering subject matter be redefined under
Rule 633(c)(2) by adding new claim 23 to the involved Suwa ‘620 application. (Suwa
Preliminary Motion 2, Paper No. 32, p. 2). Suwa’s request is not opposed by Goodall.
Suwa new claim 23 is directed to a MA polymer. Suwa claim 23 is the same patentable
invention as new Count C as Count C anticipates Suwa claim 23. (Paper No. 32, p. 5).
Suwa has demonstrated that the ‘620 application provides written descriptive support for
the claimed MA polymer. (Suwa Preliminary Motion 1, Paper No. 31, Appendix, p. 9; Paper No.
32, p. 3, ¶¶ 5-7 and Appendix). The ‘620 application also enables one of ordinary skill in the art
to make and use the claimed MA polymer. (Paper No. 32, p. 3, ¶¶ 5-7 and p. 6). Furthermore,
Suwa has affirmatively stated that “there is no teaching or suggestion in the prior art of a
radiation sensitive resist composition as set forth in proposed Claim 23.” (Paper No. 32, p. 6).
Based on the facts presented, Suwa Preliminary Motion 2 is granted.
C. Suwa Preliminary Motion 3
Suwa Preliminary Motion 3 requests that the interfering subject matter be redefined under
Rule 633(c)(2) by adding new claims 24-41 to the involved Suwa ‘620 application. (Suwa
Preliminary Motion 3, Paper No. 33, p. 1). Suwa’s request is not opposed by Goodall.
Suwa new claims 24-41 are directed to a ROMP polymer. Suwa claims 24-41 define the
same patentable invention as new “ROMP” Count B as Count B anticipates and/or renders
obvious Suwa claim 24-41. (Paper No. 32, p. 3).
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