Interference No. 103,570
particles close to or in contact with each other, said
particles having a size distribution in the range from 15 µm
to 150 µm.
or
(c) [Hubbard claim 46]
[46.] A method for augmenting tissue in a living
mammal, said method comprising subcutaneously injecting a
composition including a ceramic matrix present in a
pharmaceutically acceptable fluid carrier to a tissue site,
wherein the ceramic matrix comprises particles having a size
distribution in the range from 35 µm to 150 µm.
The claims of the parties which presently correspond to the
count are:
Wallace: Claims 1-16.
Hubbard: Claims 21-23, 25-34, 36-37, 39, 41-50.
During the preliminary motion stage of this interference,
Hubbard filed, inter alia, a motion to substitute a proposed
count A (Hubbard motion 1: Paper No. 31), and a motion to
redesignate claims 21-23 and 25-45 as not corresponding to the
original count or proposed count A (Hubbard motion 5: Paper No.
35); both motions being opposed by Wallace.
In a decision on motions (Paper No. 57), the Administrative
Patent Judge (APJ) agreed with Hubbard that the original count
should be broadened. However, rather than substituting the count
proposed by Hubbard, the APJ proposed, sua sponte, that the count
include in alternative format the independent claims of each
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