Interference No. 103,570
party designated as corresponding to the count, namely, Wallace
claim 1 and Hubbard claims 21 and 46. With respect to Hubbard
motion 5, the issue of claim redesignation was deferred to final
hearing.
Subsequently, the parties filed a joint stipulation (Paper
No. 89) that Hubbard claims 21-23 and 25-45 should be designated
as not corresponding to proposed count A. In addition, Wallace
withdrew its opposition to Hubbard motions 1 and 5. The
stipulation also included a contingent request by Hubbard for
entry of adverse judgment.
At the behest of the APJ (Paper No. 90), Hubbard renewed and
supplemented the motions in question. Thereupon, the APJ issued
a supplemental decision on motions (Paper No. 101) holding, inter
alia, that the Hubbard motion to redesignate claims as not
corresponding to the count is denied with respect to claims 21-
23, 25-34, 36-37, 39, and 41-45, and is granted as to claims 35,
38, and 40. In addition, the APJ redeclared the interference to
substitute count 2 (including, in the alternative, the subject
matter of Wallace claim 1 and Hubbard claims 21 and 46) for the
original count.
The parties then filed another stipulation (Paper No. 111)
affirming their agreement that: (1) the count should not include
4
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: November 3, 2007