Interference No. 104,649
Page No. 22
transparent optical film that brightens up LCD displays. (KX 1003). By employing the
microprisms, the film is said to channel light within a viewing cone for optimum on-axis
brightness.
III. Opinion
A. Overview of Preliminary Motions
The parties have presented a total of five preliminary motions for our consideration.
Specifically, Keagy has filed a preliminary motion requesting that the interference be redefined
by designating Zhou claims 11 -13 as corresponding to Count 1. (Keagy Preliminary Motion 1,
Paper No. 30, p. 1). In contrast, Zhou has filed four preliminary motions. Zhou has requested
that we hold Keagy's corresponding claims unpatentable over prior art (Zhou Preliminary Motion
1, Paper No. 24) and unpatentable for lack of written description and indefiniteness (Zhou
Preliminary Motion 2, Paper No. 25). Additionally, Zhou has requested that Keagy be denied
benefit of its earlier filed U.S. application (Zhou Preliminary Motion 3, Paper No. 26). Lastly,
Zhou has requested that Zhou claims 14-17 and 28 be designated as not corresponding to Count
1. (Zhou Preliminary Motion 4, Paper No. 27).
A party filing a motion under 37 CFR § 1.633 has the burden of proof to show that it is
entitled to the relief sought in the motion. 37 CFR § 1.637(a). As discussed in detail below, with
the exception of Zhou Preliminary Motion 4 to undesignate claims, all of the preliminary motions
filed in this interference are denied as the respective moving parties have failed to meet their
burden of proof.
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