Interference No. 104,372
Winker v. Abileah
between Abileah’s claims and all claims Winker proposed to
include in Winker’s reissue application, since all claims in
the Winker reissue application will require a positively
birefringent O-plate layer as the first deposited thin-film
compensator layer. The APJ took the information under
advisement
C. Second conference call
A second 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).
D. Discussion--second conference call
The APJ proposed the following to the parties:
1. The APJ will sua sponte change the count to
read the same as Abileah’s application claim 96,
which requires each of the first and second
deposited thin-film compensator layer to be selected
from the group consisting of (i) a positively
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