Interference No. 104,544 Paper149
McDonald v. Miyazaki Page 2
benefit. Miyazaki has also briefed inequitable conduct. A belated Miyazaki motion
regarding unpatentability has been deferred.
McDonald also seeks reconsideration of the following preliminary motions:
McDonald preliminary motion 2 (denied) to adjudge Miyazaki
claims unpatentable over an earlier McDonald patent or article.
McDonald preliminary motion 5 (denied) to substitute a generic
count.
Miyazaki preliminary motion 1 (granted in part) to broaden count 1
slightly (see count 5).
FINDINGS
At least a preponderance of the evidence of record supports the enumerated
findings below, except in the case of findings regarding inequitable conduct, which are
supported by at least clear and convincing evidence.
The junior part
[1] The junior party, McDonald, is involved in this interference on the basis of its 5,593,666
[6661 patent.
[2] McDonald's 666 patent issued on 14 January 1997 from an application filed 27 October
1994, which claimed the benefit under 35 U.S.C. 120 of an application filed 16 August
1994 [1048) .2
The senior parly
[3] The senior party, Miyazaki, is involved in this interference on the basis of its 08/278,083
(083], 08/361,811 [811 ], and 08/964,039 [039] applications.
2 Senior party exhibits are numbered beginning with 1001; junior party exhibits start at 2001.
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