Patent Interference No. 103,812
Bier ("Scholl"). Scholl is the senior party by virtue of the May 20, 1994, filing date of German
patent application P 4417748.8 to which benefit was accorded Application 08/438,516 under 35
U.S.C. § 119.
The sole count at issue in this interference relates to a process for endcapping high
molecular weight compounds. The count reads as follows:
Count 2
A process in accordance with any of claims 1-5 of the Rosenquist patent
or
a process in accordance with any of claims 34-38 of the Scholl application.
The claims of the parties which have been designated as corresponding to Count 2 are:
Rosenquist: Claims 1-5
Scholl: Claims 34-38
Both parties filed a record and an opening brief. Junior party Rosenquist filed a reply
brief.3 Both parties appeared, through counsel, at final hearing for oral argument.
3Throughout this decision, Rosenquist's opening brief and reply brief will be referred to
as "RB" and "RRB," respectively, followed by the relevant page number. Similarly,
Rosenquist's documentary exhibits will be referred to as "RX" followed by the relevant exhibit
number, and Rosenquist's record will be referred to as "RR" followed by the relevant page
number. Scholl's opening brief will be referred to as "SB" followed by the relevant page
number.
2
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