Interference 103,685 of Riggins’ involved application are unpatentable to Riggins under 35 U.S.C. §§ 102 and 103 over Kelly, U.S. Patent 4,525,168, patented June 25, 1985 (Holsten’s Exhibit 2 (HX 2))(Paper No. 27). December 2, 1996 - Holsten filed Holsten’s Preliminary Motion 3 under 37 CFR § 1.633(c)(4) to redefine the interfering subject matter by designating Claims 1-39 of Holsten’s patent as not corresponding to the count (Paper No. 28). February 7, 1997 - Riggins filed Riggins’ Preliminary Motion 7 under 37 CFR § 1.633(i) to redefine the interfering subject matter by amending Claims 65-68 of Riggins’ involved application and designating Claims 65-68 of Riggins’ involved application, as amended, as corresponding either to Count 1 or to proposed Count 2 (Paper No. 37).3 3 At pages 30-31 of the Memorandum Opinion and Order (Paper No. 83), there is stated (footnote incorporated): 3. Riggins’ response to Holsten Preliminary Motion 1 is Riggins Preliminary Motion 7, filed pursuant to 37 CFR § 1.633(i), seeking to amend Riggins ‘405 claims 65-68. Pursuant to a pre-hearing request, Riggins has submitted a proposed amendment (Riggins Exhibit 13 [(Paper No. 22 in the file of Riggins ‘405)] which requests that: a. claims 65-68 be canceled from Riggins ‘405 “without prejudice” and b. claims 78-81 (in place of claims 65-68, as proposed to be amended) be added to Riggins ‘405. -14-Page: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 NextLast modified: November 3, 2007