Interference No. 103,036
indicator to indicate the strength of the battery. Label claim
33 is directed to a subcombination of the combination recited in
claim 37 "[a] battery having a label."
For the foregoing reasons, motion no. 24 is denied.
Issue (7)
The party Cataldi et al.'s opening brief requests that
we decide whether Cataldi et al.'s proposed count 4 should be
substituted for count 1, as urged in motion no. 32.
The motion is dismissed as moot. Neither the party
Cataldi et al.'s preliminary statement with respect to count 1
nor its statement with respect to proposed count 4 overcomes the
filing date of the party Burroughs et al. Thus, a possible
substitution of proposed count 4 for count 1 would not forestall
the entry of judgment against the party Cataldi et al.
Patentability of the party Cataldi et al.'s reissue claims
Issues (9 to 11)
With respect to issue (9), the Burroughs et al. brief
no. 1 requests that we decide whether the party Cataldi et al.'s
reissue claims 9 to 13, 18 to 22, 28 to 32, 35, 37, and 39 are
unpatentable over the involved Burroughs et al. patent.
With respect to issue (10), the Burroughs et al. brief
no. 2 requests that we decide whether the party Cataldi et al.'s
patent claims 1 to 29 are unpatentable over the involved
Burroughs et al. patent.
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