MORRISON v. LAKES et al - Page 4




                   13.   The claims of the parties which have been                    
          designated as not corresponding to a count, and therefore are not           
          involved in the interference, are:                                          
                         Morrison:      None                                          
                         Lakes '611:    7-10 and 45-47                                
                         Lakes '060:    None                                          

                   14.   The parties have filed six briefs, all of which              
          have been considered:                                                       
                         a.   Principal brief of Morrison (Paper 48).                 
                         b.   Lakes brief for final hearing (Paper 49).               
                         c.   Lakes opposition to Morrison brief                      
                              (Paper 50).                                             
                         d.   Morrison opposition brief (Paper 51).                   
                         e.   Lakes reply brief (Paper 52).                           
                         f.   Morrison's reply to Lakes opposition brief              
                              (Paper 57).                                             

                   15.   Morrison alleges an actual reduction to practice             
          on 17 September 1991 (Paper 48, page 33).                                   
                   16.   On 28 June 1993, Morrison filed the application              
          which matured into the involved Morrison patent.                            
                   17.   Thus, Morrison filed its application 21 months and           
          11 days after its alleged actual reduction to practice.                     
                   18.   On 28 August 1992, during the 21-month, 11-day               
          period, Lakes filed its initial application 07/937,625.  As noted           


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