Patent Interference No. 103,548
Invention "A" is the same patentable invention as an invention "B" when invention
"A" is the same as (35 U.S.C. 102) or is obvious (35 U.S.C. 103) in view of
invention "B" assuming invention "B" is prior art with respect to invention "A."
Invention "A" is a separate patentable invention with respect to invention "B" when
invention "A" is new (35 U.S.C. 102) and non-obvious (35 U.S.C. 103) in view of
invention "B" assuming invention "B" is prior art with respect to invention "A."
Lagrange does not dispute that
· Lagrange patent claims 7-8 and Konrad claims 1-3, 8-12 correspond to Count 1;
· Lagrange patent claims 1-6, 24-25, 27-28 and Konrad claims 4-7 correspond to
Count 2; and,
· Lagrange patent claims 9-21, 26 and Konrad claims 13-14 correspond to Count 3.
Accordingly, to meet its burden, Lagrange23 must show that:
1. the invention defined by Lagrange reissue claims 7-8 is not anticipated (35 U.S.C. §
102) and not rendered obvious (35 U.S.C. § 103) with respect to any of Lagrange
patent claims 7-8 and Konrad claims 1-3, 8-12;
2. the invention defined by Lagrange patent claim 29 and reissue claims 1-6, 24-25 and
29 is not anticipated (35 U.S.C. § 102) and not rendered obvious (35 U.S.C. § 103)
in view of any of Lagrange patent claims 1-6, 24-25, 27-28 and Konrad claims 4-7;
and,
3. the invention defined by Lagrange reissue claims 9-21 and 26 is not anticipated (35
U.S.C. §102) and not rendered obvious (35 U.S.C. § 103) with respect to any of
Lagrange patent claims 9-21, 26 and Konrad claims 13-14.
Anticipation
The Decision on Motions24 has significantly reduced the issues for our
consideration. The only concern is whether Lagrange patent (or reissue) claim 29 may
23 Lagrange's brief (LB 10) states that the two inquiries are:
1. "whether Lagrange has satisfied their burden of proof in showing that the Lagrange invention is
not anticipated by the Konrad invention.”; and,
2. "whether Lagrange has satisfied its burden of proof in showing that the Lagrange invention is not
obvious over the Konrad invention taken together with other prior art."
24 An abbreviation of the aforementioned combined
"Decision on Preliminary and Other Motions
Order Setting Testimony and Related Periods
Order Redeclaring the Interference".
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