1 Simone points out where assignments of rights in the De Simone application to VSL are
2 said to have been recorded in the USPTO.
3 De Simone further “states that the sole inventor, Claudio DESIMONE is the first
4 inventor of the subject matter of Counts 1-34" and that “priority resides in junior party,
5 DESIMONE...” (Paper 6 and 7 at 2).
6 We understand the papers submitted by De Simone to be a request by VSL, who
7 appears to be the real party in interest for both De Simone and Vesely, for judgment
8 adverse to Vesely on the basis that De Simone has been determined to be the first
9 inventor of the subject matter of the counts. See Bd.R. 206.
10 Upon consideration of the record and for reasons given, it is
11 ORDERED that judgment on priority as to Counts 1-34, the only counts of
12 the interference, is awarded against senior party RENATA MARIA ANNA CAVALIERE
13 VESELY and CLAUDIO DE SIMONE;
14 FURTHER ORDERED that senior party RENATA MARIA ANNA
15 CAVALIERE VESELY and CLAUDIO DE SIMONE is not entitled to a patent containing
1
16 claims 37-70 of application 09/796,432, which claims correspond to Counts 1-34
17 respectively, the only counts of the interference;
18 FURTHER ORDERED that, if there is a settlement agreement, the parties
19 are directed to 35 USC 135(c) and Bd.R. 205;
20
1
The claims appear to have been renumbered by the examiner for purposes of issuing the
application. However, for the purposes of the interference, the original numbering, i.e., 37 through 70, has
been maintained.
-2-
Page: Previous 1 2 3 Next
Last modified: November 3, 2007