ARBITRATOR was filed 25 March 2003 (Paper 38). Pursuant to the parties' agreement to
arbitrate under 37 CFR § 1.690 (Paper 28) and for other reasons given, Count 2 is substituted for
Count I andjudgment on priority as to Count 2 is entered against junior party Wertz.
1. Backeround
The inte!feren
I . The interference was declared on 9 August 2000 (Paper 1) betweenjunior party Gail W.
Wertz, Qingzhong Yu, Laurence A. Ball, John N. Barr, and Sean P.J. Whelan ("Wertz")
and senior party John K. Rose ("Rose").
2. The interference was declared with the following count ("Count V) (Paper I at 50):
A composition of matter according to claims 1, 6, or 11 of
Wertz (5,789,229)
or
a composition of matter according to claims 75, 103, or 132
of Rose (08/435,032).
3. Wertz claims 1, 5, 6, 10, 11, 14, and 15 were designated as corresponding to Count I
(Paper I at 50).
4. Rose claims 75-99 and 101-132 were designated as corresponding to Count 1 (Paper I
at 50).
Arbitrator's decision on preliminary motions
5. According to the arbitrator's decision on preliminary motions (Paper 3 1), Rose filed a
preliminary motion to modify the count and a preliminary motion asserting that Wertz
claim 11 is unpatentable.
6. The arbitrator determined that the count should be modified to the following ("Count 2")
(Paper 31 at Appendix B, brackets in original):
2
Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: November 3, 2007