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; - 2 -Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 3, 2007