Interference No. 104,833
Page No. 11
between said adhesive film strip and said substrate, the improvement which
comprises employing as said adhesive film strip the adhesive film strip according
to count 3 [claim 82].
Bries argues, supported by evidence, that the elimination of the ratio of the film
exhibiting a reaction of stripping force to tear load of at least 1: 1.5, does not render its proposed
count 3, or proposed claims unpatentable, since the ratio was well known at the time of the
invention (Paper 25 at 12). Bries argues, with supporting evidence, that it is the combination of
the film strip composite and the hook or loop fasteners, without the ratio, which renders the
count patentable over the prior art of record.
Hazes arguments in its oppositions 1 and 2 are essentially identical. Hazes does not
challenge the patentability of the proposed counts or proposed Bries claims. Rather, Hazes
argues that Bries failed to provide a suitable reason for substituting the counts (adding claims 82
85). However, Bries does give a reason for substituting counts I and 2 with proposed counts 3
and 4, and adding claims 82-85. As Bries points out in its motion, the Administrative Patent
Judge (APJ) assigned to the interference, raised the issue of whether Bries had support for the
ratio limitation of its involved claim 68, which is similarly contained in count 1. We understand
from Bries' motions that Bries proposes to amend the counts and its claims by taking out the
ratio, so as to avoid the question of patentability of the count and claims to Bries. Accordingly,
Bries' position is clear. Hazes argues that changing the counts and claims as proposed, e.g., by
eliminating the ratio so that the counts and claims are patentable to Bries, is not [an acceptable
reason] for changing the counts and claims, since Bries admits that the scope of the counts and
claims do not change. The argument is not persuasive. Hazes has failed to sufficiently
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