Interference 104,530
Jurgenson v. Dunfield
3) Dunfield preliminary motion 6 under 37 CFR § 1.633(a) for
judgment against Jurgenson on the grounds that Jurgenson claims
7-16 are unpatentable under 35 U.S.C. § 112, second paragraph;
4) Dunfield preliminary motion 7 under 37 CFR § 1.633(c)(1)
to drop count 2 and designate all claims as corresponding to
count 1;
5) Dunfield miscellaneous motion 8 under 37 CFR § 1.635 to
file belated preliminary motion 9; and
6) Dunfield preliminary motion 9 under 37 CFR § 1.635(c)(3)
to designate Jurgenson claims 6, 15, and 18 as corresponding to
count 1.
Upon reviewing the parties preliminary motions and after
oral argument, the panel issued an order requesting the parties
to provide comments regarding two issues (Paper 83). The two
issues are as follows:
(1) whether Dunfield’s claims 1, 2, 9, and 11 from its
parent application (08/438,091) are to the same or substantially
the same subject matter as Dunfield’s involved claims 40 and 41;
and
(2) whether a decision on the remaining preliminary motions
is necessary if it is determined that Dunfield’s claims 40 and 41
are barred under 35 U.S.C. § 135(b).
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