Interference No. 103,950
said staple-deforming means and said cartridge are
located near said electrosurgical energy applying means in
order to staple the target tissues to be cut by said cutter.
The senior party Nardella’s claims 35, 36, 38, 39 and 40-
42 and junior party Tsuruta’s claims 1 and 2 were designated
as corresponding to Count 1. Nardella’s claims 37 and
Tsuruta’s claim 3 were designated as corresponding to Count 2.
The following motions have been filed:
Nardella’s Preliminary Motion No. 1 (Paper No. 15)
pursuant to 37 CFR § 1.633(c)(3) to designate claims 4 and 10
through 16 of Tsuruta’s involved U.S. Patent No. 5,389,098
(“Tsuruta patent”) as corresponding to Count 1 and claims 5
through 9 as corresponding to Count 2. Opposition (Paper No.
23). Reply (Paper No. 35).
Tsuruta’s Preliminary Motion No. 4 (Paper No. 39)
pursuant to 37 CFR §§ 1.635 and 1.645(b) to seek consideration
of belatedly filed preliminary motions. Opposition (Paper No.
42). Reply (Paper No. 46).
Tsuruta’s Preliminary Motion No. 5 (Paper No. 40)
pursuant to 37 CFR §§ 1.635 and 1.662(c) to delete certain
claims of Nardella’s application from being involved in the
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