Interference No. 105,136 Paper 62
Wang v. Imler Page 3
to correspond to the count. Paper 14, at 8. The count was not modified
as a result of the addition of these claims from the Imler '007 application.
Because it was determined that a preliminary motion period for interference
105,136 was de facto provided in the '821 interference as to the involved Wang claims
and Imler's involved 09/218,143 ("'143") claims, the APJ did not authorize Wang to file
a preliminary motion under 37 CFR § 1.633(a) attacking the patentability of the '143
claims. However, Wang was authorized to file a preliminary motion under 37 CFR
§ 1.633(a) attacking the patentability of the corresponding claims of Imler's
09/739,007("'007") application since these claims were not involved in the '821
interference. Imler was not given an opportunity to file a 37 CFR § 1.633(i) motion but
was authorized to seek patentable claims before the examiner.
While Wang filed Wang preliminary motion 1 attacking Imler's '007 involved
claims, Wang filed no case-in-chief on priority. Imler filed its miscellaneous motion 1
seeking immediate judgment against Wang and termination of the interference without
a decision on Wang preliminary motion 1. Subsequently Imler was authorized to file an
amendment cancelling all of its '007 claims that correspond to the count. Accordingly,
Wang preliminary motion 1, and Imler miscellaneous motion 1 with respect to Wang
preliminary motion 1, are moot.
III. Findings of fact
The record supports the following findings of fact and any other findings of fact
set forth in this decision by at least a preponderance of the evidence.
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