ROSENTHAL v. MAGEE - Page 2




               Interference No. 104,403                                                                                              

                       Rosenthal, the junior party, is involved on the basis of Patent 5,642,226 (“‘226                              
               patent”), granted June 24, 1997, based on application 08/375,405, filed January 18,                                   
               1995.                                                                                                                 
                       Magee is involved on the basis of application 08/882,519 (“‘519 application)  filed                           
               on June 25, 1997.  Magee has been accorded the benefit for purposes of priority of                                    
               application 08/227,055 (“‘055 application”), filed April 13, 1994, now patent 5,644,431,                              
               granted July 1, 1997 and was accorded senior party status.                                                            
                       Count 1, the only count is as follows:                                                                        
                       An optical lens system comprising:                                                                            
                       a transparent sheet having a first surface and opposite surface constituted by a                              
                       plurality of parallel lenticulated conic lenses,                                                              
                       said first surface being constituted by a plurality of spaced-apart, raised parallel                          
                       portions having a composite image positioned thereupon with indented                                          
                       transparent concave lens portions therebetween which permit the passage of                                    
                       light,                                                                                                        
                       whereby an object image positioned beneath said sheet at a preselected                                        
                       distance is viewed through the transparent concave lens portions.                                             



               The following claims of the parties are designated as corresponding to the count:                                     
                       Rosenthal: claims 1 through 8 and 11                                                                          
                       Magee: claims 19 through 23                                                                                   
               In addition to priority, the following motions are before us for consideration:                                       
                       Magee Preliminary Motion 3 for Judgment against Rosenthal on                                                  
                       Unpatentability (35 U.S.C. Section 103)(Paper No. 105).                                                       
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