Interference No. 103,836
would cover the entire exposed surface of disk 18 and rim 12. Based on this description, it is
considered that Chase discloses an ornamental panel member covering the entire wheel face
outer surface.
Chase’s Prior Applications
Whereas the count corresponds exactly to Chase claim 47, which claim has been found
supported by Chase’s involved application, no merit is found in the position of Beam that Chase
should be denied benefit of the filing date of its prior applications. With respect to the earlier
applications, Chase’s involved application is a division of U.S. Application No. 08/412,619, now
U.S. Patent No. 5,636,906, which is a continuation of U.S. Application No. 07/904,180 and, as
such, the disclosures of the prior applications correspond to the disclosure in Chase’s involved
application.
Beam’s Motion Filed August 5, 1999 to Correct Its Preliminary Statement
Changes in the corrected preliminary statement of Beam are that the invention was first
conceived and disclosed to another person on March 19, 1992 and that the first drawing and first
written description of the invention were made on April 10, 1992. A declaration of
William Clemens, an attorney representing Beam in this interference, asserts at paragraphs 9-11
that:
9. On July 14, 1999, while reviewing the prosecution file of the ‘370 patent to
prepare Mr. Beam’s Testimonial Declaration dated July 19, 1999, I noticed that the
letter dated June 1, 1992 (Exhibit A, Exhibit No. 12) referenced a file “A-308”
whereas subsequent documents referenced a file “P-318”. During my previous
reviews of these documents, I had inadvertently not noted the different file
numbers. I immediately contacted Mr. Simonelli at the Bliss McGlynn firm and
inquired about the existence of a file labeled “A-308” related to the invention of the
‘370 patent. I explained that I was seeking any drawing or written description
dated before the exhibits submitted with the Preliminary Statement. Mr. Simonelli
stated to me that he would search in the stored Thompson files for a file labeled
-6-
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