Interference No. 104,352
Kiel v. Graham
38). Party Graham filed a motion for judgment against Kiel’s
claims (Paper No. 36), a motion to substitute the count (Paper
No. 31), a motion to add new claims to its application (Paper
No. 42), a further motion to add new claims to its application
(Paper No. 46), a motion for judgment against claims 10 and 20
of Kiel’s patent for failure of Kiel’s specification to
disclose the best mode for practicing the claims invention
(Paper No. 71), and a motion to correct inventorship.
In a telephone conference, the administrative patent
judge suggested to counsel for respective parties that in
light of the opposing arguments as to whether Graham is
entitled to make amendments and/or present rebuttal evidence
in this interference in response to the Board’s holding of
unpatentability, if the parties can reach settlement as to all
other issues, perhaps the Board may be persuaded to enter
judgment against party Graham, without prejudice, so that
Graham may make amendments or present new evidence before the
examiner. Following the telephone conference, the parties
conferred and then the following papers were filed:
Paper No. 105 (By Graham) -- “Filing Pursuant to
37 C.F.R. § 1.666" in which it is stated:
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