Interference No. 104,703
Page No. 15
applicant must describe the subject matter of the count in terms that establish that he was in
possession of the later-claimed invention, including all of the elements and limitations presented
in the count, at the time of the earlier filing.” Hyatt v. Boone, 146 F.3d 1348, 1353-54, 47
USPQ2d 1128, 1131 (Fed. Cir. 1998). Moreover, “it is insufficient as written description, for
purposes of establishing priority of invention, to provide a specification that does not
unambiguously describe all limitations of the count.” Id.
1. Priority Benefit for Count B ROMP Polymer
Suwa has demonstrated that the ‘930 application discloses a radiation sensitive
composition comprising a ROMP polymer resin (SX 1022, p. 1, claim 1). Additionally, Suwa
has demonstrated that the ‘930 application discloses a radiation sensitive acid generating agent.
(SX 1022, p. 21, paragraph [0027]). Furthermore, the ‘930 application teaches a method of
making the radiation sensitive resist composition and a method of forming a resist pattern using
the composition. (SX 1022, p. 22, paragraph [0028] and p. 23, paragraph [0029]). Based on the
facts presented, Suwa’s request for priority benefit of the ‘930 filing date of February 9, 1996 for
Count B is granted.
2. Priority Benefit of Count C “MA” Copolymer
Suwa has demonstrated that the ‘344 application provides a description of “a method
comprising radical copolymerizing at least one norbornene derivative (a) and at least one
copolymerizable unsaturated compound such as ethylene or maleic acid anhydride.” (SX 1020,
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