MORRISON et al. V. MANNHEIMER et al. - Page 6




          Interference No. 103,197                                                      


          corresponding to the count was granted.   Mannheimer’s7                                     
          § 1.633(a) motion  alleging unpatentability of Buschmann's8                                                            
          claims 1-9, 12-14, 19, and 27-37  based on N.S. Kapany, Fiber9                                            
          Optics, Principles and Applications 184-205 (Academic Press                   
          1967) (hereinafter, Kapany), was granted as to Buschmann’s                    
          claims 1-3, 5-7, 12, 14, 19, 29, and 32 and denied as to                      
          Buschmann’s claims 4, 8, 9, 13, 18, 27, 28, 30, 31, and 33-                   
          37.   As Buschmann has not asked for review of the granting of10                                                                         
          the motion with respect to those claims, judgment is being                    
          entered infra against them on the ground of unpatentability                   
          over Kapany without further discussion.                                       
               Mannheimer and Buschmann, correctly noting that because                  
          Count 1 is limited to the I-O species it improperly excludes                  
          the involved claims which encompass or recite the other two                   






            Decisions on Motions (paper No. 75) (hereinafter "Dec.7                                                                        
          on Motions"), at 4.                                                           
            Mannheimer Motion 1 (paper No. 16).8                                                                        
            The motion did not attack Buschmann claims 26 and 38.9                                                                        
            Dec. on Motions at 4-16.10                                                                       
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