interference No. 104,833
Page No. 7
(c) Bries preliminary motion 3 under 37 CFR 1.633(c)(1) to substitute
proposed counts 5 and 6 for counts I and 2, provided that the Hazes reissue application is added
(Paper 46).
(d) Bries preliminary motion 4 under 37 CFR 1.633(c)(2) to add claims 86-90
to its '507 application and to have them designated as corresponding to either count 5 or 6 (Paper
47)
16. In addition, Bries filed a motion to suppress the declaration testimony of Dr.
Krawinkel (Exhs. 2030 and 2031) and the certificate of accuracy (Exh. 2025)
(Paper 95).
C. Decision
Hazes preliminga motion I
Hazes, through its preliminary motion 1, argues that all of Bries' involved claims 68-81
lack written description. Bries claims 69-81 depend either directly or indirectly on claim 68.
The disputed limitation is contained in Bries claim 68. That claim, with the disputed limitation
underlined, is as follows:
68. An adhesive film strip composite comprising:
a) an adhesive film strip:
(i) which is elastically or plastically extensible,
(ii) which exhibits an adhesion less than its cohesion,
(iii) the adhesion of which disappears on extension,
(iv) which exhibits a ratio of peel force to tear strength of at least 1:2, and
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