JURGENSON et al. V. DUNFIELD et al. - Page 2



          Interference 104,530                                                        
          Jurgenson v. Dunfield                                                       
          and 41 are unpatentable under 35 U.S.C. § 135(b) (Paper 60).                
          Jurgenson has filed a preliminary motion 2 under 37 CFR                     
          § 1.633(b) on the ground that there is no interference-in-fact,             
          which is contingent on its preliminary motion 1 (Paper 61).                 
               Dunfield has filed a preliminary motion 3 to add claims 42-            
          46 to Dunfield’s involved application (Paper 22).  In Dunfield              
          preliminary motion 2, Dunfield moves to add counts 3, 4 and 5 and           
          to designate certain ones of Jurgenson’s claims and Dunfield                
          claims 42-46 as corresponding to proposed counts 3-5 (Paper 21).            
          Dunfield has filed a preliminary motion 4 to be accorded the                
          benefit of its earlier filed application 08/438,091 contingent              
          upon adding proposed counts 3-5 (Paper 23).                                 
               Additionally, Dunfield seeks to designate several Jurgenson            
          claims as corresponding to the count, while seeking to have                 
          several of those claims held to be unpatentable as follows:                 
               1) Dunfield preliminary motion 1 under 37 CFR § 1.633(c)(3)            
          to designate Jurgenson claims 5-16 and 18 as corresponding to               
          count 2, or alternatively to designate Jurgenson claims 5-16 and            
          18 as corresponding to proposed counts 3-5;                                 
               2) Dunfield preliminary motion 5 under 37 CFR § 1.633(a) for           
          judgment against Jurgenson on the grounds that Jurgenson claims             
          8 and 11-13 are unpatentable under 35 U.S.C. § 112, first                   
          paragraph;                                                                  
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