Interference No. 104,186
The claims of the parties which correspond to the count
are as follows:
Count 2
Cleveland III (Cleveland) Claims 1-7
Juliano Claims 10-13
This interference was declared on April 13, 1998 with count 1 corresponding
exactly to Cleveland claim 1.
In a Decision on Preliminary Motions dated January 22, 1999, Juliano claims 10
12 were found unpatentable to Juliano under 35 U.S.C § 112, first paragraph, for lack
of written description and a motion of Juliano to redefine the interference subject matter
by adding proposed count A was treated as a motion to substitute count A for count 1,
and the motion was granted. Juliano was given 21 days to file an amendment to its
involved application with one or more claims corresponding to proposed count A. In
response, Juliano filed claim 13, which corresponds exactly to proposed count A.
On August 2, 1999, this proceeding was redeclared by substituting count 2,
Juliano's count A, for count 1 and by adding Juliano claim 13 to the proceeding as a
claim corresponding to the count.
Only the party Cleveland took testimony, and both parties filed briefs. Oral
argument at final hearing was conducted telephonically, with both parties participating.
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