WANG V. TUCHOLSKI - Page 162




          Interference No. 103,036                                                    


          Issues 2D, 2E and 3A                                                        
                    These issues concern the party Wang et al.’s motion               
          nos. 4, 5, and 7, which appear at WR 74 to 81, 101 to 108, and              
          210 to 235.  These motions urge that the party Burroughs et al.’s           
          reissue claims 13 to 51 are unpatentable under 35 U.S.C. § 112,             
          first and second paragraphs, and under 35 U.S.C. § 251.                     
                    These motions urge the same grounds for unpatentability           
          as urged by the party Tucholski in its preliminary motion (Paper            
          No. 82) for judgment and by the party Cataldi et al. in its                 
          preliminary motion nos. 2, 3, and 24 and are denied for the                 
          reasons set forth in the Final Decision (Paper No. 802) with                
          respect to the party Tucholski’s motion and in the Final Decision           
          (Paper No. 803) with respect to the party Cataldi et al.’s                  
          motions.                                                                    
                    Since we have held that the Burroughs et al. reissue              
          application complies with 35 U.S.C. § 112, first and second                 
          paragraphs, and 35 U.S.C. § 251, no basis exists to deny                    
          Burroughs et al., as the reissue applicants, the benefit of the             
          filing date of its involved patent.                                         
                    For the foregoing reasons, motion nos. 4, 5, and 7 are            
          denied.                                                                     
          Issue 4A                                                                    



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