All of Heshinatpour's pending claims (1-13 and 21-27) were designated as corresponding
to the count. Megy's claims 1-7, 9-12, 14-20, 23, 24, 35-36, 38-41, and 43-45 were designated as
corresponding to the count. The remainder ofMegy's claims do not correspond and are not involved
in this interference. Paper 1, p. 33.
The Parties' Positions
Both parties have filed informal briefs as to their respective positions on priority. Dr.
Heshmatpour has also filed evidence supporting his position. Megy has not filed any evidence. Of
course, Megy need not file evidence to prevai I since Dr. Heshmatpour is the junior party and b6ars
the burden ofproof. We note that Megy has neither cross-examined any ofHeshmatpour's witnesses
nor challenged the authenticity of any of Heshmatpour's documentary evidence. Thus, we look to
Dr. Heshmatpour's submissions.
Dr. Heshmatpour's case for priority
Dr. Heshmatpour's informal brief asserts priority and derivation (Paper 55). The brief
indicates that he substantially relies on the submission made under 37 CFR § 1.608(b) in attempting
to provoke this interference (Application 09/020,616, Paper 7). Paper 55, pı 1. That submission
2( ...continued)
titanium, said material being in gaseous form and comprising at least one
component of the group consisting of boron, sulfur, nitrogen and
phosphorus; and
(d) fortning a grain refining compound comprised of said material and said
titanium in said molten aluminum body and casting a grain refined
product.
45. A method of grain refining almninurn, the method comprising:
(a) providing a molten aluminum body in a temperature range of 1200' to
15000 F.;
(b) providing titanium in said molten aluminum body;
(c) after providing said titanium in said body, introducing to said body a material
reactive with said titanium, said material being in gaseous form and
introduced to said body of molten aluminum in a carrier or fluxing gas,
said material being a chloride or fluoride of one of the groups consisting
of boron, sulfur, nitrogen and phosphorus; and
(d) forming a grain refining compound comprised of said material and said
titanium in said molten aluminum body and casting a grain refined
product.
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