Interference No. 104,352
Kiel v. Graham
MEMORANDUM OPINION AND JUDGMENT
This interference was declared on February 4, 1999.
Kiel’s patent claims 1-20 and Graham’s application claims 37-
45 were designated as corresponding to the count. Party Kiel
has represented to the Board that its claims 1-9 and 11-19 are
unpatentable over a 1990 sales Catalogue of Optical cable
Corporation (“sales catalogue”), and the Board has found all
of Graham’s claims 37-45 to be unpatentable over the sales
catalogue or, alternatively, the sale of cables shown in the
catalogue. (Paper No. 81). In response to our holding of
unpatentability against its claims 37-45, party Graham filed a
miscellaneous motion (Paper No. 89) for leave to “present
claim amendments, new claims, and evidence (including
affidavit testimony) responsive to the prior art reference.”
The motion is opposed by Kiel.
Party Kiel filed preliminary motion 1 for judgment
against Graham’s claims on grounds other than the sales
catalogue reference. (Paper No. 38). Party Kiel filed
preliminary motion 2 to redefine the count to remove claim 10
as an alternative in the count and to have designated as not
corresponding to the count its claims 10 and 20. (Paper No.
2
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