Claim designations
16. All the claims of each involved patent or application were designated as
corresponding to Count 1 (Paper 1 at 49).
Glaxo preliminary motions
17. Glaxo filed the following fourteen preliminary motions:
a. Glaxo preliminary motion 1 under 37 CFR § 1.633(g) attacking the
priority benefit accorded to Cabilly for the 8 April 1983 filing date of the '457 application
(Paper 47).
b. Glaxo preliminary motion 2 under 37 CFR § 1.633(g) attacking the
priority benefit accorded to Cabilly for the 10 June 1988 filing date of the '419 application
(Paper 48).
c. Glaxo preliminary motion 3 under 37 CFR § 1.633(a) for judgment that
the ‘611 claims are unpatentable under 35 USC § 112, ¶1, due to lack of written description
(Paper 49).
d. Glaxo preliminary motion 4 under 37 CFR § 1.633(c) (4) to have Cabilly
claims 56-60 designated as not corresponding to Count 1 (Paper 50).
e. Glaxo preliminary motion 5 under 37 CFR § 1.633(c)(1) to substitute its
proposed Count 2 for Count 1 (Paper 51).
f. Glaxo preliminary motion 6 under 37 CFR § 1.633(c)(4) to have claim 2
of Glaxo's '405 patent designated as not corresponding to Count 1 (Paper 52).
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