Interference No. 104,703
Page No. 16
paragraph [0015], item (b)). Furthermore, the ‘344 application teaches the synthesis of a
copolymer of a methoxy carbonyl substituted alicyclic monomer and maleic anhydride. (SX
1020, paragraph [0083]). Accordingly, based on the facts presented, Suwa’s request for priority
benefit of the ‘344 filing date of August 12, 1996 for Count C is granted.
F. Goodall Preliminary Motion 1
Goodall requests that Goodall’s U.S. Application No. 10/079,218 (“‘218”), filed on
February 19, 2002 be added to the interference. Goodall also requests that claim 47 of the ‘218
application be designated as corresponding to the MA copolymer Count C.
According to Goodall, no pending or patented Goodall claim is specifically directed to
the subject matter of Count C. (Goodall Preliminary Motion 1, Paper No. 29, p. 6). As
amended, Goodall’s ‘218 application contains a claim 47 that is said to correspond to Count C.
Specifically, Goodall states that Goodall claim 47 is patentably indistinct from Count C. (Paper
No. 29, pages 8-10). According to Goodall, to fully adjudicate the priority of the inventions
defined by Counts A, B and C, it is necessary, inter alia, that Goodall claim 47 be added to the
interference. (Paper No. 29, pages 6-7).
Suwa has joined in Goodall’s Preliminary Motion 1. Specifically, Suwa states that by
adding the Goodall ‘218 application and Goodall claim 47 to the interference as corresponding to
Count C, the goals expressed in 37 C.F.R. §1.601, et. seq. are met, by contesting in a single
interference, all subject matter disclosed and patentable to Goodall and Suwa in the involved
cases. (Suwa Response 1, Paper No. 38).
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