Barton et al or Fischhoff et al v. Adang et al. - Page 26




          Interference 103,781                                                        

                    II.  asking the Board for leave to file preliminary               
          motions under 37 CFR § 1.633(a) for judgment that:                          
               Barton is not entitled to a patent containing Barton’s                 
          claims designated as corresponding to Count 2 in view of                    
          Monsanto’s alleged violation of 37 CFR § 1.56; and                          
               Fischhoff is not entitled to a patent containing Fischhoff’s           
          claims designated as corresponding to Count 2 in view of                    
          Monsanto’s alleged violation of 37 CFR § 1.56;                              
                    III.  asking the Board for leave to file a                        
          miscellaneous motion under 37 CFR § 1.635 for additional                    
          discovery under 37 CFR § 1.687(c) relating to Monsanto’s alleged            
          violation of 37 CFR § 1.56;                                                 
                    IV.  asking the Board for leave to file a preliminary             
          motion under 37 CFR § 1.633(a) for judgment that Barton’s                   
          Claims 21 and 22 are unpatentable under 35 U.S.C. § 112, first              
          paragraph (written description requirement);                                
                    V.  asking the Board for leave to file a preliminary              
          motion under 37 CFR § 1.633(a) for judgment that Fischhoff’s                
          Claim 40 is unpatentable under 35 U.S.C. § 112, first paragraph             
          (written description requirement);                                          
                    VI.  asking the Board for leave to file a preliminary             
          motion under 37 CFR § 1.633(c)(1) to redefine the interfering               


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