CRAGG et al. V. MARTIN V. FOGARTY et al. - Page 7




          Interference No. 104,192                                                    
          Cragg v. Martin v. Fogarty                                                  

                    a second lower limb, shorter than said first                      
               lower limb, and configured so that when said first                     
               section is positioned in the lumen, said second                        
               lower limb does not extend into a second leg of said                   
               bifurcation,                                                           
               and further comprising                                                 
                    a second section configured to be positioned                      
               separately within the lumen and joined to said                         
               second lower limb of the first section, effectively                    
               extending said second lower limb into said second                      
               leg of said bifurcation.                                               
               11.  Cragg’s preliminary statement identifies only                     
          Michael D. Dake as the inventor of the subject matter of the                
          count.                                                                      
               12.  After the rendering of the Board’s decision on                    
          preliminary motions (Paper No. 108) and subsequent service of               
          the preliminary statement of party Cragg, Cragg filed a                     
          miscellaneous motion to amend or correct its preliminary                    
          statement to identify Andrew H. Cragg and Michael D. Dake as                
          co-inventors of the subject matter of the count.  (Paper No.                
          117).                                                                       
               13.  Cragg’s motion to amend was denied.  (Paper No.                   
          130).  A written opinion explaining the basis of that denial                
          followed. (Paper No. 140).  Cragg requested reconsideration.                
          The original decision was adhered to on reconsideration.                    

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