GOODALL et al v. SUWA et al. - Page 21



                                                                                              Interference No. 104,703                   
                                                                                                           Page No. 21                   
                        For purposes of resolving the issues in this interference we adopt the parties’ proposed                         
                Goodall claim correspondence.                                                                                            

                IV.     Order                                                                                                            
                        ORDERED that Suwa Preliminary Motion 1 to substitute proposed Counts A, B and C                                  
                for Count 1 is granted.                                                                                                  
                        FURTHER ORDERED that Suwa Preliminary Motion 2 to add new claim 23 to the                                        
                involved Suwa ‘620 application is granted.                                                                               
                        FURTHER ORDERED that Suwa Preliminary Motion 3 to add new claims 24-41 to the                                    
                involved Suwa ‘620 application is granted.                                                                               
                        FURTHER ORDERED that Suwa Preliminary Motion 4 to have Suwa claim 18                                             
                designated as not corresponding to any count in the interference is granted.                                             
                        FURTHER ORDERED that Suwa Preliminary Motion 5 for priority benefit is granted.                                  
                        FURTHER ORDERED that Goodall Preliminary Motion 1 to add Goodall’s U.S.                                          
                Application No. 10/079,218 (“‘218”), filed on February 19, 2002 be added to the interference.                            
                and that claim 47 of the ‘218 application be designated as corresponding to the MA copolymer                             
                Count C is granted.                                                                                                      
                        FURTHER ORDERED that Goodall Preliminary Motion 2 to have Goodall claims 2, 4,                                   
                5 and 7-11 designated as not corresponding to Counts A, B and C is granted.                                              
                        FURTHER ORDERED priority of invention is awarded against Suwa for Count A and                                    
                against Goodall as to Counts B and C.                                                                                    









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