Interference 103,781
designated as corresponding to Count 2 without dispute and
separate patentable inventions from each other. Therefore,
Fischhoff’s Preliminary Motion 10 is GRANTED.
Accordingly, Count 2 of this interference is now amended to
delete all references therein to Claims 13-14 of Adang’s involved
patent and Claims 41-43 of Fischhoff’s involved application; and
Claims 13-14 of Adang’s involved patent and Claims 41-43 of
Fischhoff’s involved application are newly designated as not
corresponding to amended Count 2. A formal order setting forth
amended new Count 2 and the associated claim correspondence
appears at the end of this opinion.
Since Fischhoff has not relied on the particular subject
matter defined by Claims 41-43 of Fischhoff’s involved
application and Adang has not relied on the particular subject
matter defined by Claims 13-14 of Adang’s involved patent to make
their respective Cases-In-Chief for priority of the invention of
Count 2, we proceed to consider the parties’ Cases-In-Chief with
respect to Count 2 as amended to exclude the separate patentable
inventions of Claims 41-43 of Fischhoff’s involved application
and Claims 13-14 of Adang’s involved patent (hereafter Count 2).
4. Priority of Invention of Count 2
According to Senior Party Adang’s Brief At Final Hearing,
Adang’s Supplemental Preliminary Statement alleges that “Adang’s
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