PREPUTNICK et al. V. PROVENCHER et al. - Page 39





          Interference No. 104,693                                                           
          Preputnick v. Provencher                                                           
          D. Senior Party Provencher's                                                       
               Preliminary Motions 1 and 2                                                   
               Senior party Provencher's preliminary motion I attacking the                  
          benefit accorded junior party Preputnick is dismissed as moot, in                  
          light of junior party Preputnick's failure to allege a date of                     
          invention prior to the senior party's accorded benefit date.                       
               Senior party Provencher's preliminary motion 2 alleging                       
          unpatentability of junior party Preputnick's claims corresponding                  
          to the count is dismisse as moot, in light of junior party                         
          Preputnick's failure to allege a date of invention prior to the                    
          senior party's accorded benefit date.                                              
                                        Conclusion                                           
               Provencher's preliminary motion I is dismisse .                               
               Provencher's preliminary motion 2 is dismisse .                               
               Preputnick's preliminary motion 1 is denie .                                  
               Preputnick's preliminary motion 2 is grante , but on only                     
          one alleged ground of unpatentability, i.e., obviousness over                      
          Hashiguchi and Kachlic, and is otherwise dismissed.                                
               Preputnick's preliminary motion 3 is denie                                    









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