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 NextLast modified: November 3, 2007