Interference No. 104,649
Page No. 43
F. Keagy Preliminary Motion I to Designate Zhou Claims 11 -13 as corresponding to
Count I
Keagy requests that the interfering subject matter be redefined by designating Zhou
claims 11-13 as corresponding to Count 1. (Keagy Preliminary Motion 1, Paper No. 30, p. 1).
Generally, Keagy argues that Zhou claims 11-13 define the same patentable subject matter as
Zhou claims I and 10, which are designated as corresponding to Count 1. (Paper No. 30, p. 9).
Zhou does not agree.
Under 37 CFR § 1.633(c)(3) a party may submit a motion requesting that an application
or patent claim be designated as corresponding to a count. In filing such a motion, the moving
party shall show that the claim(s) to be designated as corresponding to the count define the same
patentable subject matter as another claim whose designation as corresponding to the count is not
disputed by the moving party. 37 CFR § 1.637(c)(3)(ii). The moving party for such a motion
bears the burden of proof. 37 CFR § 1.637(a).
Keagy states that Zhou claims I and 10 describe a fingerprint sensing system including a
sheet prism having a sensing surface and a plurality of rigid prismlets on the bottom, each of
which has an entrance surface and an exit surface. Keagy alleges that Zbou's fingerprint sensing
system of claims I and 10 create an image with an aberration,-i.e., distortion, owing to the angles
at which the light rays forming the image pass through the exit surfaces with respect to the
sensing surface and the resulting angles between the detector and the sensing surface. Citing
Igaki, et al., Applied Optics, 1992 (" 1002), Keagy alleges such aberrations were well known
in the art. (Paper No. 30, p. 9).
Keagy argues that it was well known in the art that sheet prisms, such as brightness
enhancement films ("BEF"), fold back larger angle light rays to smaller angle light rays with
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