Interference No. 104,805
Page No. 2
to:
I . Change the inventorship of the involved '622 Larsen patent from Larsen to
"Larsen and Day."
2. Convert the involved '456 Day application to a continuation-in-part application of
the involved '622 "Larsen and Day" patent.
3. Amend the involved '456 Day "continuation-in-part" application to cancel the
involved claims.
4. File an Information Disclosure Statement in the involved '456 Day application.
Additionally, Day has filed Day Preliminary Motion I requesting that we designate Day
claims 63-70 and newly amended claims 3, 5-9 and 11-13 as not corresponding to Counts I or 2.
(Day Motion 1, Paper No. 26, p. 2). According to Day, claims 3, 5-9, 11-13 and 63-70 are
patentably distinct from the subject matter of Counts I or 2 of Larsen's corresponding claims.
Specifically, Day argues that the claims are patentably distinct due to their recitation of various
limitations on the pH, levels of dissolved sodium carbonate and bicarbonate salts, the amount of
lecithin and/or the specific size of the sodium bicarbonate crystals. (Paper No. 26,
p. 3).
In support of Day Motion 1, Day has provided a declaration by Robert C. Wamcke. Mr.
Warneke testifies that he has a degree in Chemical Engineering and has been employed for over
twenty years in the mineral processing industry. (Wamcke Dec. % 2-3). Mr. Wamcke testifies
that he is specifically familiar with the processes for the recovery of sodium bicarbonate from the
Nahcolite and Trona solutions. (Wameke Dec. 14). Mr. Wameke also testifies that he has:
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Last modified: November 3, 2007