Interference No. 104,158
Althaus: Claims 1-8, 12, 13 4
Oldroyd: Claims 9-28
Issues
In a decision on preliminary motions (Paper No. 47),
the Administrative Patent Judge (APJ) held claims 1-8, 12 and
13 of Althaus unpatentable over the prior art. Althaus does
not challenge the holding with respect to claims 1-6, 8, 12
and 13.
The following issues were raised by the parties in
their briefs at final hearing:
a) whether Althaus has sustained his burden of
showing that the involved claims of Oldroyd, viz., claims 9-
28, are unpatentable to Oldroyd under 35 U.S.C. § 103;
b) whether Althaus has sustained his burden of
showing that Althaus claim 9 should be designated as not
corresponding to the count;
c) whether Althaus has sustained his burden of
showing that Althaus claim 7 recites a separate patentable
4Pursuant to redeclaration after the decision on
preliminary motions. See Paper No. 48.
4
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