WANG V. TUCHOLSKI - Page 157




          Interference No. 103,036                                                    


                                       OPINION                                        
          Issues Entitled to Consideration                                            
                    Interlocutory Order No. 9, Section VI (page 17),                  
          identifies the motions filed by the party Wang et al. to be                 
          considered at final hearing.  These are the party Wang et al.’s             
          motion nos. 3 to 7, which are raised in issues 2B to 2E and 3A.             
          The motions raised by issues 1A, 1B, 2A, 3B and 3C are not                  
          entitled to any consideration since the motions were not                    
          identified in the interlocutory order.  Accordingly, the motions            
          entitled to consideration are those raised in issues 2B to 2E, 3A           
          and 4A.                                                                     
          Issue 2B                                                                    
                    Issue 2B concerns the party Wang et al.’s motion no. 6            
          that the party Burroughs et al.’s claims are unpatentable over              
          prior art.  The argument concerning this motion appears in the              
          party Wang et al.’s main brief at pages 30 to 66.  Motion no. 6,            
          which appears on pages 134 to 158 of the party Wang et al.’s                
          record (WR 134 to 158) urges the following grounds for                      
          unpatentability:                                                            
          1.  Burroughs et al.’s claims 13 to 23, 30 to 32, 41 and 42 are             
          unpatentable under 35 U.S.C. § 103 as being obvious over Kiernan,           
          U.S. Patent No. 4,723,656 (the party Wang et al.’s exhibit no. 22           



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