Interference No. 104,703
Page No. 19
teachings of the ‘730 patent, the resulting polymer would be different from that of Goodall
claims 2, 4, 5 and 7-11. (GX 2005, ¶ 15).
As mentioned above, Suwa does not oppose Goodall’s request to have claims 2, 4, 5 and
7-11 designated as not corresponding to Counts A, B, and C. On this record, Goodall has
submitted sufficient evidence demonstrating that these claims are patentably distinct from Counts
A, B, and C. Thus, we grant Goodall Preliminary Motion 2.
H. Claim Correspondence
At the beginning of the interference, Suwa’s ‘620 application had claims 2 through 22
pending. As discussed below, Suwa has requested to add claims 23 through 41 to the ‘620
application. Suwa’s request has been granted. As such, Suwa’s ‘620 application contains claims
2 through 41.
Goodall’s involved ‘499 patent contains claims 1 through 12. Goodall has requested the
addition of Goodall U.S. Application 10/079,218 (“‘218”) to the interference. Independent claim
47 is the only pending claim in Goodall ‘218. As discussed above, Goodall’s request to add the
‘218 application to the interference has been granted.
After evaluating the parties respective preliminary motions, the parties’ claims are as
follows:
Suwa ‘620: 2-41
Goodall ‘499: 1-12
Goodall ‘218: 47
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