Interference No. 104,372
Winker v. Abileah
birefringent A-plate compensator layer, and (ii) a
negatively birefringent C-plate compensator layer.
2. All claims which corresponded to the
original count will be designated as corresponding
to the proposed new count.
3. Winker will file its reissue application to
limit each claim to a first deposited thin-film
compensator layer which is made of a positively
birefringent O-plate layer and include no claim
which in Winker’s opinion corresponds to the
modified count.
4. Under 37 CFR § 1.662(b), Winker’s filing of
such a reissue application will operate as a request
for entry of adverse judgment as to the subject
matter of the modified count.
5. After filing of the reissue application,
the Board will enter judgment in favor of Abileah,
and Winker will be left to pursue its reissue
application claims before an examiner, in ex parte
prosecution, and Winker runs the risk of an examiner
finding that the reissue application claims are not
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