LAGRANGE et al v. KONRAD et al - Page 92


                     Patent Interference No. 103,548                                                                                             

                         water/solvent medium using only 5 different solvents (claim 30 specifies 13                                             
                         solvents) at about 10 percent of the medium being solvent (claim 30 includes                                            
                         from 1 ppm solvent to over 99% solvent)?" [KI7]                                                                         
                           · "Whether the results in Mr. Cotteret's Declaration II actually establish                                            
                         unexpected superior results for Lagrange's reissue claim 30?" [KI8]                                                     
                           · "Whether Lagrange's reissue claim 31, which is almost identical to                                                  
                         Lagrange's original claim 5 which was designated as corresponding to Count                                              
                         2, is obvious from Lagrange's claims 1, 4, 5 and 30 and/or Konrad's claims 4-                                           
                         7 and therefore defines the same patentable invention as Count 2?" [KI9]                                                
                           · "Whether Lagrange's reissue claim 32, which is identical to Lagrange's                                              
                         original claim 24 except for dependencies, is obvious from Lagrange's claims                                            
                         1, 4, 24 and 30 and/or Konrad's claims 4-7 and therefore defines the same                                               
                         patentable invention as Count 2?" [KI10]                                                                                
                           · "Whether reissue claim 33 of Lagrange, which is identical to Lagrange's                                             
                         original claim 25 except for dependencies, is obvious from Lagrange's claims                                            
                         1, 4, 25 and 30 and/or Konrad's claims 4-7 and therefore defines the same                                               
                         patentable invention as Count 2?" [KI11]                                                                                
                           · "Whether Lagrange's reissue claim 34 is broader and defines the same                                                
                         invention as Lagrange's original claim 9 which have been designated as                                                  
                         corresponding to Count 3?" [KI12]                                                                                       
                           · "Whether Lagrange's reissue claim 34 would be obvious over                                                          
                         Lagrange's claim 9-21 and/or Konrad's claim 13 in view of Grollier '500,                                                
                         French '061, U.S. Patent 4,992,077, U.S. Patent 4,004,877, DE 2,028,818                                                 
                         and/or U.S. Patent 5,053,053 and therefore define the same invention as                                                 
                         Count 3 of this interference?" [KI13]                                                                                   
                           · "Whether Lagrange's reissue claim 34 is broader in scope than                                                       
                         Lagrange's patent claim 9 and has been improperly broadened since the                                                   
                         reissue application was filed over two years after the issuance of the patent?"                                         
                         [KI14]                                                                                                                  




















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