JURGENSON et al. V. DUNFIELD et al. - Page 11



          Interference 104,530                                                        
          Jurgenson v. Dunfield                                                       
                                 Dunfield’s claims                                    
               33.  Dunfield claim 40 and claim 41 were presented in an               
          amendment filed 29 April 1999 more than a year after the 12                 
          August 1997 issue date of the Jurgenson patent.                             
               34.  Dunfield claim 40 and claim 41 were amended to                    
          their current form in a paper filed 30 August 1999.                         
               35.  Dunfield claims 34 and 35 were the predecessor                    
          claims to Dunfield claims 40 and 41.                                        
               36.  Dunfield claims 34 and 35 were made September 25,                 
          1998, more than a year after the 12 August 1997 issue date of               
          the Jurgenson patent.                                                       
               37.  Dunfield claims 1, 2, 9 and 11 of its parent                      
          application (08/438,091) were made prior to the 12 August                   
          1997 issue date of the Jurgenson patent.                                    
               38.  During ex parte prosecution, Dunfield represented                 
          to the examiner that its earlier filed claims 1, 2, 9, and 11               
          were directed to the same or substantially the same subject                 
          matter as recited in Jurgenson’s claims (Jurgenson Ex. 2010                 
          at 322-323).                                                                
               39.  Dunfield claim 1 of Dunfield’s parent application                 
          is as follows:                                                              
               An apparatus in a disc drive for positioning a                         
          transducer relative to a magnetic disc, the magnetic disc                   

                                       - 11 -                                         




Page:  Previous  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  Next 

Last modified: November 3, 2007