Interference No. 103,950
invention as claims 38 through 42. This motion is denied for
that same reasons stated above for Tsuruta’s Motion No. 5.
Preliminary Statements
The preliminary statements are now open on the record and
are attached to this paper.
Nardella has been accorded the benefit of several
applications including Serial Number 07/786,572 filed November
1, 1991. Tsuruta states in its preliminary statement that it
intends to rely on the filing dates of earlier filed Japanese
applications, i.e. 4-126246 and 4-126248 filed on May 19,
1992; 4-142930 filed June 3, 1992; 4-144302 and 4-144625 filed
June 4, 1992; and 5-72553 filed March 30, 1993. However,
Tsuruta was not accorded the benefit of these applications in
the declaration of this interference nor has Tsuruta filed a
preliminary motion to be accorded the benefit of the filing
date of these applications. The filing date of the Tsuruta
patent is May 14, 1993.
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