Patent Interference No. 103,812
party Rosenquist has demonstrated an actual reduction to practice of an invention within the
scope of count 2 prior to May 20, 1994, the effective filing date of Scholl's involved Application
08/438,516. Jepson v. Egly, 231 F.2d 947, 957, 109 USPQ 354, 362 (CCPA 1956); see also
Price v. Symsek, 988 F.2d 1187, 1190, 26 USPQ2d 1031, 1033 (Fed. Cir. 1993). Rosenquist
focuses his priority case on Rosenquist patent claim 1. See RB, p. 12. Therefore, we also focus
our attention on Rosenquist patent claim 1.
Rosenquist patent claim 1 is directed to a process for preparing a high molecular weight
compound having a molecular weight of at least 1,125. The compound comprises (a) a
condensation product comprising (i) a bis-phenol derivative and (ii) a phosgene derivative or a
carbonate ester and (b) an endcapping or chain stopping molecule, including 3-(2H-benzotriazol-
2-yl)-5-(1,1-dimethylethyl)-4-hydroxy-benzene-propanoic acid, wherein the endcapping agent is
chemically bound to the condensation product by an ester linkage.4 The process comprises (a)
interfacially condensing a phosgene derivative, a bis-phenol derivative and an endcapping or
chain stopping molecule, including 3-(2H-benzotriazol-2-yl)-5-(1,1-dimethylethyl)-4-hydroxy-
benzene-propanoic acid, wherein the endcapping agent is chemically bound to the condensation
product by an ester linkage through the acid substituent of the phenolic substituent of the
endcapping or chain stopping molecule and (b) adding a base.
4The structural formula of 3-(2H-benzotriazol-2-yl)-5-(1,1-dimethylethyl)-4-hydroxy-
benzene-propanoic acid is said to correspond to the first of the two endcapping or chain stopping
molecules recited in Rosenquist patent claim 1 wherein R1 is a four carbon atom alkyl group, R2
is hydrogen and n is 2. See RR, pp. 3-4, paragraph 6.
4
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: November 3, 2007