Brown did not sustain their burden of proof in their motion that they were entitled to the
relief requested. Hence it was not necessary to address rebuttal evidence filed with the
opposition paper.
JUDGMENT
For the foregoing reasons, judgment as to the subject matter of the count is entered
in favor of junior party, Mariano Barbacid and Veeraswamy Manne and judgment is
awarded against senior party Michael S. Brown, Joseph L. Goldstein and Yuval Reiss.
Interference No. 103,586
Accordingly, Barbacid et al. are entitled to their patent containing claims 1-19 and
Brown et al. are not entitled to a patent containing claim 37, 39, 41, 42, 53, 54, and claims
57, 58 and 60 corresponding to the count.
MARY F. DOWNEY )
Administrative Patent Judge )
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