Interference No. 103,836
a spider concentrically fixed within said rim for connecting to a rotating hub, said spider
including a plurality of spokes;
an ornamental appliqué of a uniform material thickness overlapping said rim and said
spider;
said appliqué having an annular outer connecting portion disposed adjacent one of said
rim flanges, an annular inner connecting portion and a plurality of vent openings aligned
between said spokes of said spider and positioned between said inner and outer connecting
portions;
a curable adhesive of substantially uniform thickness disposed between said appliqué and
said rim and said spider along overlapping surface areas; and
locking means coacting between said appliqué and said rim and said spider while said
adhesive cures and for continued retention thereafter to hold said appliqué in place.
The claims of the parties which correspond to this count are:
Beam : Claims 1-17
Chase : Claims 24 and 44-48
This proceeding was declared on August 12, 1997 with count 1. At that time, Chase was
accorded senior party status on the basis of the June 25, 1992 filing date of its parent U. S.
Application No. 07/904,180.
On June 8, 1999, a preliminary motion of Beam for judgment on the ground that Chase
does not have the right to make its claims corresponding to the count under the first paragraph of
35 U.S.C. § 112 (Paper No. 15) was denied with respect to claims 24 and 47 and was granted
with respect to claims 44-46 and 48. At that time, a preliminary motion of Chase for judgment
on the ground that Beam’s involved claims are unpatentable under 35 U.S.C. §§ 102/103 over
U.S. Patent No. 5,636,906 to Chase (Paper No. 9) was deferred to final hearing.
Both parties took testimony and filed briefs; the parties waived oral argument at final
hearing.
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