Interference No. 104,703
Page No. 13
Suwa has demonstrated that the ‘620 application provides written descriptive support for
the ROMP polymer of new claims 24-41. (Suwa Preliminary Motion 1, Paper No. 31, Appendix,
pages 10-19; Paper No. 33, pages 7-16). Furthermore, Suwa has noted that new claim 24 defines
subject matter that is encompassed by claim 2, which was determined to be patentable over the
prior art of record by an examiner. Suwa states that claims 25-41 depend from claim 24 and
likewise would be patentable over the prior art of record. (Paper No. 33, p. 4). Based on the
facts presented, Suwa Preliminary Motion 3 is granted.
D. Suwa Preliminary Motion 4
Suwa claim 18 is directed to a radiation-sensitive resin composition, wherein the amount
of the residual halogen contained in the resin is 3 ppm or less, and the amount of the residual
metal contained therein is 300 ppb or less. Suwa Preliminary Motion 4 moves to have Suwa
claim 18 designated as not corresponding to any count in the interference. (Suwa Preliminary
Motion 4, Paper No. 34, p. 1). Goodall does not oppose.
Generally, Suwa alleges that Suwa claim 18 does not define the same patentable
invention as any other Goodall claim. (Paper No. 34, p. 4). According to Suwa, alicyclic
polymer photoresists can have metal contents well in excess of the limits recited in Suwa claim
18. (Paper No. 34, p. 5). For example, under Kajita’s direction and/or control, an evaluation was
conducted regarding alicyclic polymers polymerized using transition metal catalysts as described
in Goodall’s involved ‘499 patent. According to Kajita, the AD polymer evaluated had a metal
content of almost 8000 ppb prior to washing and filtering. (SX 1004, ¶37). Further, Kajita
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