CHEUNG et al vs. RITZDORF et al - Page 28




                Interference No. 105,113                                                                                                      

















                Ritzdorf's reliance on this annealing apparatus is misplaced because it is not described as having                            
                surrounding sides, as required to satisfy the "thermal anneal chamber" limitation of claim 73, on                             
                which claim 76 depends.  Preliminary Motion 2 is therefore granted with respect to this claim as                              
                well as its dependent claim 77.                                                                                               
                         In summary, Cheung Preliminary Motion 2 is granted with respect to Ritzdorf's claims                                 
                74-77 and denied with respect to claims 68-73.  Accordingly, in a separate judgment paper being                               
                mailed herewith, judgment is being entered against Ritzdorf's claims 74-77 under 35 U.S.C.                                    
                § 112, first paragraph, for lacking written description support in Ritzdorf's involved application.                           
                D.  Cheung Preliminary Motion 1                                                                                               
                         Cheung Preliminary Motion 1 under 37 CFR § 1.633(f) attacks Ritzdorf's benefit of each                               
                of the following applications with respect to Count 1, which is Cheung's claim 12, of which                                   
                Ritzdorf's claim 70 is a copy:                                                                                                
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