DAVEY et al. BURG et al. - Page 3




          indirectly, on Davey claim 1 and thus also require that the                 
          process they define be undertaken "at a relatively constant                 
          temperature and without serial addition of reagents" ('517 at               
          claims 2 to 10).                                                            
               8.   The process of Davey claim 11 and the process of                  
          Burg claim 1 appear to be the same.  The process of Davey                   
          patent claim 11 does not require that the process defined                   
          therein be undertaken "at a relatively constant temperature                 
          and without serial addition of reagents" ('517 at claim 11).                
               9.   Davey patent claims 12-15 depend from Davey claim                 
          11.                                                                         
               10. None of Davey claims 12-14 require that the process                
          of claim 11 be undertaken "at a relatively constant                         
          temperature and without serial addition of reagents" ('517 at               
          claims 12-14).                                                              
               11. Davey claim 15 requires that the process of claim 11               
          be undertaken "at a relatively constant temperature and                     
          without serial addition of reagents" ('517 at claim 15).                    
               12. According to Davey and Burg, none of the Burg                      
          application claims require that the process defined by the                  
          claims be undertaken "at a relatively constant temperature and              
          without serial addition of reagents" (Paper 16 at 3).                       
               13. Davey has disclaimed its claims 11 to 14 (Paper 17).               

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