Interference No. 103,435
1.633 or
§ 1.634 and as such, in our view, the motion to add the Christ
patents is a miscellaneous motion pursuant to 37 CFR § 1.635.
We note that the Senior party has also referred to the request
as a motion (see page 1 of each request).
A motion under 37 CFR § 1.635 must contain a certificate
by the moving party stating that the moving party has
conferred with all opponents in an effort in good faith to
resolve by agreement the issues raised by the motion. The
motion of the Senior party did not contain a certificate as
required and as such was properly dismissed by the APJ.
The Senior Party’s Conception and Reduction to Practice
The Senior party alleges a conception date of August
1987. This conception is corroborated by Gene Currie, who is
a friend, colleague and business associate of Larry Blake.
Gene Currie testified that he and Larry Blake were discussing
the problem of attaching haptics to optics and Larry Blake
suggested using corona discharge as it had been used for
surface treatment of plastics and rubber to improve adhesion.
Gene Currie also testifies that Larry Blake decided to use the
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