CFR § 1.131 in order to antedate the prior art references (Paper
97 at 52). On 2 May 2002, Wang filed a revised opposition, along
with evidence, to Green's preliminary motions 2, 3 and 5,
alleging acts of prior invention under 37 CFR § 1.131 (Paper
100). On 9 May 2002, Green filed a revised reply (Paper 104).
B. Decision
At the outset, we note that Wang was authorized to revise
its opposition to Green's preliminary motion 4 regarding Jensen
U.S. patent 5,807,378 as prior art to Wang. Wang chose not to do
SO. In Wang's original opposition to Green preliminary motion
4, Wang made no arguments regarding Jensen '378 other than that
Jensen 1378 is not prior art with respect to Wang (Paper 52 at
20, 23 and 24). Accordingly, that portion of Green's preliminary
motion 4 regarding the unpatentability of Wang's claims 1-6, 8-11
and 13-15 in view of Jensen U.S. patent 5,807,378 is granted.
Wang's claims 1-6, 8-11 and 13-15, are unpatentable under 35
U.S.C. § 102(e) as being anticipated by Jensen U.S. patent
5,,807,378.
Wang did file a revised opposition to Green's preliminary
motions 2, 3, and 5. 3owever, our Order (Paper 97 at 52-53)
authorized Wang to fifb a revised opposition to Green's
preliminary motions 2, 4 and 5 (emphasis added). In our decision
on preliminary motions, Green preliminary motion 3 was dismissed
(Paper 97 at 12).
2
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