Interference No. 103,891 Issues The following issues have been raised by the parties in their briefs: a) the status of Concept S as prior art under either 35 U.S.C. §§ 102(a) or 102(b); b) the patentability of the claims of both parties over Concept S if it is determined to be prior art; c) the Flanders motion under 37 CFR § 1.634 to correct inventor- ship; d) the parties' respective cases for priority of invention; raised in Flanders’ reply brief: e) whether the embodiment relied on for Moorman’s priority proof is within the scope of the count; raised subsequent to Flanders’ reply brief: f) the Moorman motion to strike portions of Flanders’ reply brief or in the alternative permit filing of a Moorman surreply brief; and: g) certain papers filed after oral hearing. Moorman’s Motion to Strike Portions of Flanders’ Reply Brief Subsequent to the filing of Flanders' reply brief for final hearing, Moorman filed a motion to strike portions of 5Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 3, 2007