Interference 104,530
Jurgenson v. Dunfield
Dunfield Preliminary Motions 2 and 4
Dunfield has filed a preliminary motion 2, requesting
the addition of 3 new counts and to designate its claims 42-
46 and certain ones of Jurgenson’s claims as corresponding to
the proposed counts.
As stated above, in connection with Dunfield preliminary
motion 3, Dunfield claims 42-46 are barred under 35 U.S.C.
§ 135(b). Thus, there is no occasion to adopt Dunfield’s
proposed counts 3-5. Accordingly, Dunfield preliminary
motion 2 is dismissed as moot.
In Dunfield preliminary motion 4, Dunfield moves to be
accorded the benefit of its earlier application 08/438,091
for its proposed counts 3-5. The preliminary motion is
contingent upon the granting of Dunfield preliminary motion
2. Because we have dismissed Dunfield preliminary motion 2,
the contingency did not materialize and so Dunfield’s
preliminary motion 4 is dismissed.
Dunfield’s remaining preliminary motions
In Dunfield’s remaining preliminary motions, Dunfield
essentially seeks to designate several Jurgenson claims as
corresponding to the count, while seeking to have several of
those claims held to be unpatentable.
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