MOSLEY et al. V. DODGE et al. - Page 2




                 Findings of Fact                                                                                                                    
                 F. 1. This interference is between U.S. Patent 5,752,945 to Mosley et al. and reissue Application                                   
                          09/314,492 of Dodge et al. Paper 1.                                                                                        
                 F. 2. The Mosley patent issued from Application 08/846,003, filed 25 April 1997.                                                    
                 F. 3. The Dodge application is a reissue of Dodge Patent 5,820,973. Application 09/314,492,                                         
                          Declaration for Reissue Patent Application For Richard Norris Dodge, IL                                                    
                 F. 4. Dodge was accorded the benefit of the 22 November 1996 filing date of Application                                             
                          08/754,417, which issued as the Dodge Patent. Paper 89, p.24.                                                              
                 F. 5. The sole count of this interference is                                                                                        
                                                                       Count 2                                                                       
                                            Claim 1 of Mosley patent 5,752,945                                                                       
                                                                       or                                                                            
                                            Claim 25 of Dodge Application 09/314,492 wherein said at least one                                       
                                            first surge layer and said at least one second surge layer are bonded                                    
                                            together.                                                                                                
                          Paper 90.                                                                                                                  
                 F. 6. The claims of the parties which correspond to Count 1 are:                                                                    
                                            Dodge 25-29                                                                                              
                                            Mosley 1-10                                                                                              
                          Paper 90.                                                                                                                  
                 F. 7. The claims of the parties which do not correspond to Count 1, and therefore are not involved                                  
                          in this interference, are:                                                                                                 
                                            Dodge None                                                                                               
                                            Mosley None                                                                                              
                          Paper 90.                                                                                                                  
                 F. 8. Dodge Claims 25-29 were included in Application 09/314,492 to provoke an interference with                                    
                          the Mosley patent. Application 09/314,492, Declaration for Reissue Patent Application For                                  
                          Richard Norris Dodge, II, p. 2.                                                                                            
                 F. 9. Dodge Claims 25-29 were said to be "copied or substantially copied from Mosley's involved                                     
                          patent for the purpose of interference." Application 09/314,492, Declaration for Reissue                                   
                          Patent Application For Richard Norris Dodge, II, p. 2.                                                                     


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