Interference No. 103,303
The party Galimberti et al.'s claim 1 and the party
Asanuma et al.'s claims 9 and 11 correspond to count 1. The
party Galimberti et al.'s claim 2 and the party Asanuma et
al.'s claims 16 correspond to count 2.
The junior party Galimberti et al. relies under 35 U.S.C.
§ 119 upon the priority date of its application filed in
Italy. Since that date is subsequent to the effective filing
date of the senior party Asanuma et al., judgment pursuant to
37 CFR § 1.640(d)(3) would normally be issued against the
party Galimberti et al. The party Galimberti et al. filed a
motion on the ground that an interference-in-fact does not
exist and consideration of the motion was deferred to final
hearing. Both parties took testimony, filed briefs, and 3
appeared, through counsel, at final hearing. In addition, the
parties filed three motions to suppress evidence and
testimony.
Subsequent to the final hearing, the party Galimberti et
al. filed a submission (Paper No. 91), which is objected to by
3The Galimberti et al. record and exhibits will be
referred to, respectively, as GR followed by its page number
and GX followed by its number. The Asanuma et al. record and
exhibits will be referred to, respectively, as AR followed by
its page number and AX followed by its number.
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Last modified: November 3, 2007