Interference 103,781
September 5, 2003 - Adang filed its Opposition To Fischhoff
Motion To Suppress Evidence (Paper No. 251).
September 12, 2003 - Fischhoff filed Fischhoff Reply In
Support Of Its Motion To Suppress Evidence (Paper No. 252).
September 26, 2003 - Final Hearing for Interference 103,781.
3. Fischhoff’s Preliminary Motion 10
Fischhoff’s Preliminary Motion 10 under 37 CFR § 1.633(c)(4)
(Paper No. 88) asked the Board to designate Claims 41-43 of
Fischhoff’s involved U.S. Application 08/434,105, filed May 3,
1995, and Claims 13-14 of Adang’s U.S. Patent 5,380,831 (FX 11),
issued January 10, 1995, as not corresponding to the interference
count, and to amend Count 2 to exclude its reference to those
claims. The motion was deferred to final hearing (Paper
No. 148). Adang originally opposed the motion (Paper No. 70).
However, Adang no longer opposes Fischhoff’s Preliminary
Motion 10 (Paper No. 245, p. 1, para. 3). Whether Adang opposes
Fischhoff’s motion or not, “[the] party filing a motion has the
burden of proof to show that it is entitled to the relief sought
in the motion.” 37 CFR § 1.637(a).
37 CFR § 1.637(c)(4) reads (emphasis added):
A preliminary motion seeking to designate an
application of patent claim as not corresponding to a
count shall:
(i) Identify the claim and the count.
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