RIGGINS et al v. HOLSTEN et al - Page 14



          Interference 103,685                                                          
          of Riggins’ involved application are unpatentable to Riggins                  
          under 35 U.S.C. §§ 102 and 103 over Kelly, U.S. Patent 4,525,168,             
          patented June 25, 1985 (Holsten’s Exhibit 2 (HX 2))(Paper                     
          No. 27).                                                                      
               December 2, 1996 - Holsten filed Holsten’s Preliminary                   
          Motion 3 under 37 CFR § 1.633(c)(4) to redefine the interfering               
          subject matter by designating Claims 1-39 of Holsten’s patent as              
          not corresponding to the count (Paper No. 28).                                
               February 7, 1997 - Riggins filed Riggins’ Preliminary                    
          Motion 7 under 37 CFR § 1.633(i) to redefine the interfering                  
          subject matter by amending Claims 65-68 of Riggins’ involved                  
          application and designating Claims 65-68 of Riggins’ involved                 
          application, as amended, as corresponding either to Count 1 or                
          to proposed Count 2 (Paper No. 37).3                                          
               3                                                                        
                    At pages 30-31 of the Memorandum Opinion and Order                  
          (Paper No. 83), there is stated (footnote incorporated):                      
                    3.  Riggins’ response to Holsten Preliminary                        
               Motion 1 is Riggins Preliminary Motion 7, filed                          
               pursuant to 37 CFR § 1.633(i), seeking to amend                          
               Riggins ‘405 claims 65-68.  Pursuant to a pre-hearing                    
               request, Riggins has submitted a proposed amendment                      
               (Riggins Exhibit 13 [(Paper No. 22 in the file of                        
               Riggins ‘405)] which requests that:                                      
                    a.   claims 65-68 be canceled from Riggins ‘405                     
                         “without prejudice” and                                        
                    b.   claims 78-81 (in place of claims 65-68,                        
                         as proposed to be amended) be added to                         
                         Riggins ‘405.                                                  
                                         -14-                                           




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