Interference 103,482
are average values and can be derived by statistical/
mathematical calculations....
The APJ indicated that the singular form of the term “sequence
length” is customary for and consistent with an average
sequence length (Paper No. 60, p. 10, first full sentence).
According
to the APJ, the Declarations of Drs. Atwood and Scott do not
expressly contradict Dr. Winter’s declaration (Paper No. 60,
first full para.).
The APJ held that dependent Claim 8 is properly construed
to include all the limitations of the claims upon which it
depends. Accordingly, he denied the motion for judgment that
Dolle’s
Claim 8 is unpatentable under 35 U.S.C. § 112, fourth
paragraph (Paper No. 60, p. 11, first five lines).
The APJ held that Ewen had not met his burden to
establish the unpatentability of Claims 4-6, 8 and 12-26 under
35 U.S.C.
§ 112, first and second paragraphs (Paper No. 60, p. 11,
second full para.), because he had not explained why the claim
language does not satisfy the requirements thereof. Ewen
relies on the declarations of Drs. Scott and Atwood in support
of the motions. The APJ (1) found that “[i]t is only
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