Interference No. 103,036
III
Insofar as the brief raises the matter of whether the12
parties' claims are anticipated by Kiernan, U.S. Patent No.
4,723,656, by Parker, U.S. Patent No. 4,747,020, or by the13
prior art BatCheck tester (grounds A to C above), the matter is
not entitled to any consideration. The matter is not raised in
the party Tucholski's underlying preliminary motion (Paper No.
81) for judgment, which the party Tucholski seeks review of at14
final hearing. The matter of anticipation by Kiernan is raised
in the reply to the opposing parties' oppositions to the15
motion; the matter of anticipation by the Parker patent and the
prior art BatCheck® tester is raised for the first time in the
opening brief. Pursuant to 37 CFR § 1.655(b), a party cannot
Addendum A to the party Tucholski's brief sets forth the12
basis upon which the party Tucholski relies for anticipation.
We note that the Kiernan patent was cited or referenced in13
each party's application involved in this proceeding.
A copy of this motion appears in the Tucholski record at14
pages 565 to 587 (TR 565 to 587).
A copy of the reply appears at TR 840 to 876. The matter of15
anticipation over Kiernan appears at TR 854 to 856.
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