A telephone conference call was held on 17 November 1999,
at approximately 9:30 a.m., involving:
(1) Ashley I. Pezzner, Esq., counsel for Winter;
(2) Malcolm J. McDonald, Esq., counsel for Karl; and
(3) Fred E. McKelvey, Senior Administrative Patent
Judge.
B. Discussion
The purpose of the conference call was to discuss the
status of the interference. Karl did not file a list of any
preliminary motion to be filed. Winter indicated that it
might file a preliminary motion to add a reissue (Paper 11,
page 2). Mr. Pezzner explained that the purpose of the
reissue application would be to obtain claims which are
patentably distinct from the count. The parties were advised
that the board has determined that it will not add reissue
applications to interferences under 37 CFR § 1.633(h) unless
all new claims (as opposed to original patent claims) are to
be designated as corresponding to the count. Winter v.
Fujita, Interference 104,283 (Bd. Pat. App. & Int. Nov. 16,
1999) (Paper 73) (copy attached). It is manifest, based on
the discussion during the conference call, that Winter would
seek to file a reissue with narrower claims which Winter would
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