Interference 103,781
dismissing Fischhoff’s request (Paper No. 79) that the APJ
exercise his discretion under 37 CFR § 1.642 to add commonly
assigned Adang et al., U.S. Patent 5,567,862 (FX 3), issued
October 22, 1996, to this interference, designate all twenty-four
claims thereof as corresponding to the count, and set an
additional preliminary motion period for the parties to file
motions relative to the newly added patent;
denying Fischhoff’s Preliminary Motion 3 (Paper No. 80)
under 37 CFR § 1.633(a) for judgment that Claims 1-12 of Adang’s
U.S. Patent 5,380,831 (FX 11), issued January 10, 1995, are
unpatentable under 35 U.S.C. § 112, second paragraph;
denying Fischhoff’s Preliminary Motion 4 (Paper No. 81)
under 37 CFR § 1.633(c)(1) to redefine the subject matter of this
interference by substituting any one of Fischhoff’s Proposed
Counts 2, 3 and 4 for original Count 1;
deferring to final hearing Fischhoff’s Preliminary Motion 5
(Paper No. 82) under 37 CFR § 1.633(a) for judgment that
Claims 1-12 of Adang’s U.S. Patent 5,380,831 (FX 11), issued
January 10, 1995, are unpatentable under 35 U.S.C. § 112, first
paragraph (enablement requirement);
granting Adang’s motion under 37 CFR § 1.635 (Paper No. 116)
for an order implementing the decision in Barton v. Adang,
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