Interference No, 104,649
Page No. I
1. Summary of the Decision
This interference is directed to a fingerprint sensing system. Generally, the parties claim
a fingerprint sensing system having a sheet prism. The sheet prism has a sensing surface
opposite which is a surface having a plurality of rigid prismicts. When a finger is positioned on
the sensing surface, light is passed through the prismlets and is reflected at the sensing surface
through total internal reflection and is emitted from the exit surfaces of the prisinlets to create an
image of the fingerprint.
The parties have raised several issues during this preliminary motions phase. Primarily,
Zhou has requested that Keagy's corresponding claims be held unpatentable over the prior art
and for lack of definiteness and written description. Additionally, Zhou has attacked Keagy's
accorded benefit date. Zhou has also requested that certain Zhou claims be designated as not
corresponding to Count 1, the sole count in the interference. Keagy has filed a single motion
seeking to designate certain Zhou claims as corresponding to interference.
As discussed in detail below, we hold Keagy's claims to be patentable over the prior art
cited by Zhou. Moreover, on the facts presented, we find that Keagy's claims are definite and
meet the written description requirement of 35 US.C. § 112, Ist paragraph. Zhou, however, has
demonstrated that Zhou claims 14-17 and 28 represent a "separate" patentable invention and thus
should be designated as not corresponding to Count 1. In contrast, Keagy has failed to
demonstrate that Zhou claims 11-13 are the "same" patentable invention and thus these claims
have not been designated as corresponding to Count 1.
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