Interference No. 102,922
Interference No. 103,088
charge. Gill made no such rebuttal.
In view of the fact that Dumas has established priority
of
the invention based on derivation by Gill, the question of
Dumas’ reduction to practice becomes immaterial. Hence, item
2 is deemed moot.
VI.
Item 4
Gill raises a question in his brief, GB 41-42, as to
whether the inventorship in the Dumas application is correct.
37 CFR § 1.655(a) states that the Board may consider at
final hearing any properly raised issue, including priority of
invention, derivation by an opponent, patentability, and
admissibility. 37 CFR § 1.655(b) states that a party shall
not be entitled to raise for consideration at final hearing
any
matter which properly could have been raised by a motion under
37
CFR §§ 1.633 or 1.634 unless the matter was properly raised in
a motion that was timely filed by the party under 37 CFR §§
30
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