Interference No. 104,372
Winker v. Abileah
A. First conference call
A first telephone conference call was held on 3 November
1999, involving:
1. John J. Deinken, Esq., counsel for junior party
Winker;
2. Joseph A. Rhoa, Esq., counsel for senior party
Abileah; and
3. Jameson Lee, Administrative Patent Judge (APJ).
B. Discussion--first conference call
Winker informed the APJ that junior party Winker intends
to file a reissue application which limits the first deposited
thin-film compensator layer of all Winker claims corresponding
to the count to a positively birefringent O-plate layer, to
add the reissue application to this interference, to change
the count to require a positively birefringent O-plate layer
as the first deposited thin-film compensator layer, and to
designate all of Abileah’s claims corresponding to the present
count as not corresponding to the proposed new count.
Abileah informed the APJ that if the count is changed as
was proposed by Winker, Abileah cannot prevail on priority.
The parties agreed that there would be no interference-in-fact
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