Interference No. 103,611
A deck for seating or bedding, said deck being edge
supported by a frame of a sofa sleeper movable between a folded
sofa position and an unfolded bed position, said deck comprising
a plurality of support members extending generally in the same
direction to form a support, said support members having adjacent
ends connected to each other for movement relative to each other,
and at least one stop on each said member arranged such that upon
movement of said members in one direction the stop will engage a
stop surface on an adjacent support member to limit movement and
upon movement of the members in a direction opposite said one
direction the stop will be spaced from the stop surface on said
adjacent support member to permit movement in said opposite
direction, each end of each said support member having at least
one recess and at least one projection for mating with a similar
said recess and projection on said adjacent support member.
The claims of the parties which correspond to this
count are:
Stevens : Claims 1-15
Miller : Claims 1, 5, 10, 12, 14-21 and 23-36
This proceeding was declared on August 22, 1995 with
Stevens claim 1 and Miller claim 35 corresponding exactly to
count 1. The party Miller was accorded senior party status on
the basis of the earlier filing date of its involved application.
The Administrative Patent Judge (APJ) decided motions
filed by Miller in a Decision on Preliminary Motions dated March
21, 1996. In that decision, the APJ denied motions of Miller (1)
under 37 C.F.R. § 1.633(a) for judgment that Stevens involved
claims 1-15 are unpatentable to Stevens under 35 U.S.C. § 102/103
over U.S. Patent 5,231,709 to Miller and, (2) under 37 C.F.R.
2
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