Interference No. 103,435
Involved U.S. Patent 5,147,397 to Christ issued on
September 15, 1992 and was filed on July 3, 1990. This
interference was declared on July 25, 1994. At that time
Larry Blake was accorded the benefit of U.S. Serial No.
07/705,771, filed May 28, 1991, which matured into U.S. Patent
No. 5,185,107 on February 9, 1993; and U.S. Serial No.
07/262,985 filed on October 26, 1988, which matured into U.S.
Patent No. 5,104,590 on April 14, 1992, and was accorded
senior party status on that basis. Involved application
Serial No. 07/900,053 to Blake was filed on July 27, 1992.
The following motions are before us for review:
(a) The Senior party’s two motions under 37 CFR § 1.642
to redefine the interfering subject matter by adding two
Christ patents to the interference (Paper Nos. 25 and 26).
(b) The Senior party’s contingent motion for judgment
pursuant to 37 CFR § 1.633(a) on the ground that Christ claims
1 through 17 are unpatentable under 35 U.S.C. § 102(e) over
U.S. Patent No. 5,104,590 (Paper No. 38).
(c) The Senior party’s contingent motion for judgment
pursuant to 37 CFR § 1.633(a) on the ground that Christ claims
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