Lee preliminga motion 5
Lee moves for benefit of U.S. Patent Application No. 09/127,288, filed July 31, 1998 (now
U.S. Patent 6,049,186); U.S. Patent Application No. 08/627,824, filed April 2, 1996 (now U.S.
Patent 5,942,871); and U.S. Patent Application No. 08/221,375, filed April 1, 1994 (now U.S.
Patent 5,528,118) with regard to Count 1. Since van Engelen has failed to allege a date that is
earlier than the date accorded Lee at the time the interference was declared, and since van
Engelen's motion 8, attacking the benefit accorded Lee is denied, judgment will be entered
against van Engelen. Accordingly, it is not necessary to deter-mine if Lee should be accorded
benefit of the above named applications. Lee preliminary motion 5 is dismissed.
Lee preliminary motion 9
In its preliminary motion 9, Lee proposes to add claims 7-9 to its application and to designate
those claims as corresponding to count 1. Lee preliminary motion 9 is contingent upon the granting
of van Engelen preliminary motion 2. Since van Engelen preliminary motion 2 is denied, the
contingency has not materialized. Accordingly, Lee preliminary motion 9 is dismissed.
Lee preliminary motion 10
Lee moves to substitute new count I for existing count 1. The motion is contingent on
the granting of van Engelen preliminary motion 8. Since van Engelen preliminary motion 8 is
denied, the contingency has not materialized. Accordingly, Lee preliminary motion 10 is
dismissed.
Lee proliminM motion 11
Lee moves to be accorded benefit of certain of its prior applications for its proposed count
1. Since the proposed count I was not added to the interference, there is no occasion to decide
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