Interference No. 103,036
11 are invalid and reissue claims 13 to 51 are unpatentable under
35 U.S.C. § 112, second paragraph.
In response to the motion no. 2, the party Burroughs et
al. filed an opposition and an amendment canceling claims 17,32
21, 34 and 38, amending claims 18 and 19 to depend from claim 16,
amending claim 22 to depend from claim 20, amending claim 23 to
depend from claim 16, amending claims 35 and 36 to depend from
claim 33, amending claim 39 to depend from claim 37, and amending
claims 40 and 43 to depend from claim 37. By canceling and
amending the claims, the party Burroughs et al. is acquiescing to
the grounds of unpatentability raised against these claims.
Accordingly, to simplify the matters for consideration, the
Burroughs et al. amendment is entered and the APJ is directed to
redeclare this interference to reflect the amendment of the
Burroughs et al. claims. Thus, we will consider the motion as it
relates to patent claims 1 to 11 and reissue claims 13 to 16, 18
to 20, 22 to 33, 35 to 37 and 39 to 51.
As the moving party, the party Cataldi et al. has the
burden of proof by a preponderance of the evidence on the motion.
This amendment was presented in the Burroughs et al. reissue32
application and is referred to in the party Burroughs et al.'s
oppositions to motion nos. 2 and 3.
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