IV. Stice Preliminary Motion No. I
F 27. Stice filed Preliminary Motion No. 1 asserting that all of Strelchenko's involved claims were
barred by 35 U.S.C. § 135(b)(1). Paper 23.
F 28. Strelchenko's involved Claims are 57-58, 61-63, 69-88, 106, 112-115 and 118, all of the
claims currently pending in the Strelchenko application. Paper 1, pp. 7-15.
F 29. Stice asserts that all of Strelchenko's involved claims were barred because they were made
more than a year after the issuance of the Stice 577 patent. Paper 23, p. 13.
F 30. Stice 577 issued August 31, 1999.
F 31. The critical date under § 135(b)(1) for the Stice 577 patent is August 31, 2000.
F 32. All of Strelchenko's involved claims were made on or after September 29, 2000.
F 33. All of Strelchenko's involved claims were made more than a year after Stice 577 issued.
F 34. Strelchenko filed an opposition to Stice Preliminary Motion No. 1. Paper 50.
F 35. Strelchenko's opposition identified three claims said to have been made prior to the critical
date of September 1, 2000, which were asserted to be directed to the same or substantially
the same subject matter as the claims of the Stice 577 patent. Paper 50, pp. 17-25.
F 36. Strelchenko specifically relies on Claims 48, 106 and 107, as those claims existed in
Strelchenko's involved application on July 20, 1999, as being directed to the same or
substantially the same subject matter as claimed in Stice 577. Paper 50, p. 18.
F 37. Strelchenko argues that notwithstanding a difference in claim language as to the donor cell,
Strelchenko's precritical date claims 48, 106 and 107 and the Stice 577 claims are directed
to the "same or substantially the same subject matter." Paper 50, p. 18.
A. Strelchenkols precritical date claims
F 38. Strelchenko's Claim 48 was an original claim in Strelchenko's involved application, when
that application was filed on July 20, 1999. Strelchenko Application 09/357,445, Paper I
(specification), p. 96.
F 39. Claim 48 was cancelled by a preliminary amendment filed with the application on July 20,
1999. Strelchenko Application 09/357,445, Paper 2, p. 1.
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