PREPUTNICK et al. V. PROVENCHER et al. - Page 5






         Interference No. 104,693                                          
         Preputnick v. Provencher                                          
             14. Junior party Preputnick filed no opposition or any        
         other response to Senior party Provencher's preliminary motions 1 
         and 2.                                                            
             15. Junior party Preputnick's preliminary statement states    
         that the invention of the count was conceived as early as         
         June 10, 1996.                                                    
             16. Junior party Preputnick's alleged date of conception is   
         subsequent to the accorded benefit date of senior party           
         Provencher.                                                       
             17. On page 8, lines 3-5 of Provencher's specification, it    
         is stated: ýThe same contacts 410A . . . 41OF can be used to      
         make [e]ither wafers 112 or 114. The only difference is in the    
         housing molded around the contacts." That means each physical     
         set of contacts 410A - 41OF can be used to make either, not both, 
         wafers 112 and 114.                                               
             18. The level of ordinary skill in the art with respect to    
         the subject matter of the count is represented by that comparable 
         to a Bachelor degree in electrical engineering, mechanical        
         engineering, or physics, and 3 to 8 years of actual experience in 
         developing electrical connectors.                                 
             19. Provencher's claim 17 includes the step of: 'securing     
         said first and second half-modules together by engaging           
         complementary fastening portions to define said terminal module." 











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