Interference No. 103,036
6. Whether the senior party Burroughs et al.'s reissue claims 13
to 51 are unpatentable for failure to comply with 35 U.S.C.
§ 251, as urged in motion no. 24?
7. Whether the party Cataldi et al.'s motion no. 32 to
substitute proposed count 4 should be granted?
8. If the senior party Burroughs et al.'s motion to amend its
reissue claim 40 is granted, whether the party Cataldi et al.'s
motion no. 38 should be considered.
In Interlocutory Order No. 10, consideration of the
party Cataldi et al.'s miscellaneous motion no. 46 (Paper No.
665) against the party Burroughs et al. was deferred to final
hearing provided that the party Cataldi et al. file a paper
within five days after final hearing requesting consideration of
the matters. Review of this motion has not been sought.
The senior party Burroughs et al.'s opening brief
raises the following issues with respect to the party Cataldi et
al.:
9. Whether the party Cataldi et al.'s reissue claims are
unpatentable over prior art.
10. Whether the party Cataldi et al.'s patent claims are
unpatentable over prior art.
11. Whether judgment should be entered against the party Cataldi
et al. under the provisions of 37 CFR § 1.662(b).
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