Interference No. 104,703
Page No. 14
testified that, even after washing and filtering, the metal content still exceeded 3600 ppb. (SX
1004, ¶38).
Sturtevant has testified that higher levels of metallic contamination on the semiconductor
substrate would result in significantly higher semiconductor device defect and failure rates. (SX
1005, ¶14). Sturtevant also testifies that it is his opinion that the significantly reduced metal
content of the resists as defined in Suwa claim 18 would allow for the manufacture of
semiconductor devices with reduced defect rates and improved device performance. (SX 1005,
¶15).
Based upon the evidence presented, we conclude that Suwa has demonstrated that Suwa
claim 18 does not define the same patentable invention as any corresponding Goodall claim.
Accordingly, we grant Suwa’s request to have Suwa claim 18 designated as not corresponding to
any of the counts in the interference.
E. Suwa Preliminary Motion 5
Suwa Preliminary Motion 5 moves to be accorded an earlier priority benefit date for the
ROMP polymer Count B and the MA copolymer Count C. Specifically, for Count B, Suwa
requests priority benefit of JP Application No. 8-227344 (“‘344”), filed August 12, 1996. For
Count C, Suwa requests benefit of JP Application No. 8-046930 (“‘930”), filed February 9, 1996.
(Suwa Preliminary Motion 5, Paper No. 35, p. 1). Goodall does not oppose Suwa’s requested
priority benefit.
For an earlier-filed application to serve as constructive reduction to practice, “the
Page: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
Last modified: November 3, 2007