STILLER v HEID et al. - Page 3




                F  7.   The count of the interference is                                                                                 
                                                                Count 1                                                                  
                                A transport device for specimen holders said transport device comprising                                 
                                        a vertical guide,                                                                                
                                        a receiving device and                                                                           
                                        a unit movably arranged at said transport device,                                                
                                wherein said receiving device is designed to pick up said specimen holders,                              
                                wherein said unit is brought under said specimen holders                                                 
                                        during transport of said specimen holders and                                                    
                                wherein  said  receiving  device  and  said unit are  vertically  movably  guided,                       
                                        independently of each other, on said vertical guide.                                             
               F  8.   The claims of the parties are:                                                                                    
                               Stiller:        9-16                                                                                      
                               Heid:           1-36                                                                                      
               F  9. The claims of the parties which correspond to Count 1 are:                                                          
                               Stiller:        9-14                                                                                      
                               Heid:           1-3, 18, 20, 24-26, 30-32                                                                 
               F  10. The claims of the parties which do not correspond to Count 1, and therefore are not involved                       
                       in the interference, are:                                                                                         
                               Stiller:        15-16                                                                                     
                               Heid:           4-17, 19, 21-23, 27-29, 33-36                                                             
               F  11. The parties’ jointly move for a holding that no interference-in-fact exists between any of the                     
                       parties’ involved claims.  Papers 36 and 40.                                                                      
               F  12. None of Heid’s designated claims are identical to any of Stiller’s designated claims.                              
               F  13. A comparison of Heid’s with Stiller’s claims show the following differences:                                       
                               (1)     Heid Claims 1-3 require that the unit of the transport device positioned under                    
                                       the specimen holders, “to contact said specimen holders when said specimen                        
                                       holders are transported.”                                                                         
                               (2)     Heid Claims 18 and 20 require a receiving device and unit that are “vertically                    
                                       movably guided, independently of each other, on [a] vertical guide.”                              



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