Interference No. 104,290
The claims of the parties that correspond to the count
are,
LeVeen: Claims 43 and 44
Edwards: Claim 32
Background
The interference was declared on July 16, 1999. During
the interlocutory phase, a veritable plethora of motions were
filed, in what might be termed interference by inundation. One
significant preliminary motion with a bearing on this final
hearing was Edwards' preliminary motion 2, a portion of which
requested judgment on the ground that LeVeen's claims 43 and 44
are anticipated by Edwards' Patent No. 5,458,59ý (the '597
patent) based on its filing date of November 8, 1993. In a
decision', by a panel of the trial section, this portion of the
motion was deferred to this final hearing on priority.,
In Paper No. 246, the panel granted a preliminary
motion by LeVeen that Edwards' claim 32, the only Edwards claim
designated as corresponding to the count, was unpatentable to
Paper No. 241.
4
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