Interference No. 103,197
D. Morrison’s § 1.635 motion for leave to
file a corrected preliminary statement
36 37
Morrison’s motion under § 1.635 and 1.628(a) for leave
to file a corrected preliminary statement explains (at 2)38
that the original preliminary statement contains a material39
error in that it gave March 15, 1988, as the date of the first
drawing when in fact the date of the first drawing, which was
discovered after the original preliminary statement was filed
and is now identified as Morrison Exhibit (MX) 42, which
consists of five pages of drawings and handwritten notes
allegedly made on November 24, 1987. Although not stated in
Paper No. 114, filed September 18, 1995.36
Section 1.628(a) reads as follows:37
(a) A material error arising through inadvertence or
mistake in connection with a preliminary statement or
drawings or a written description submitted therewith or
omitted therefrom, may be corrected by a motion (§ 1.635)
for leave to file a corrected statement. The motion
shall be supported by an affidavit stating the date the
error was first discovered, shall be accompanied by the
corrected statement and shall be filed as soon as
practical after discovery of the error. If filed on or
after the date set by the administrative patent judge for
service of preliminary statements, the motion shall also
show that correction of the error is essential to the
interest of justice.
Also paper No. 114.38
Paper No. 35.39
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