Interference No. 105,136 Paper 62
Wang v. Imler Page 5
6. Wang claims 37, 38, 46, 47, 52, 54, and 56 were designated as corresponding to
Count 1 (Paper 14 at 8).
7. Imler '143 claims 66 and 67 were designated as corresponding to Count 1
(Paper 14 at 8).
8. Imler '007 claims 73-77, 80-88, 91, and 92 were designated as corresponding to
Count 1 (Paper 14 at 8).
The '821 interference
9. During the preliminary motion phase of interference 104,821, Imler filed a
preliminary motion under 37 CFR § 1.633(i) to add claims 66 and 67 to its
involved '143 application ('821, Paper 50).
10. Wang opposed the Imler preliminary motion to add claims 66 and 67 on the
basis that, inter alia, claims 66 and 67 are not patentable to Imler over certain
prior art ('821, Paper 73).
11. Imler's preliminary motion to add claims 66 and 67 was granted ('821, Paper 116
at 42).
12. In granting Imler's preliminary motion the panel noted that ('821, Paper 116 at
25):
Wang's argument that proposed Imler claims 66 and 67 are unpatentable
over the prior art fails because the relied upon prior art is not in evidence.
13. In reply to Wang's opposition to Imler's preliminary motion to add claims 66 and
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