Interference No. 102,922
Interference No. 103,088
1.633 or 1.634 and the motion was denied or deferred to final
hearing.
The Board, in the interest of justice, may also exercise its
discretion to consider an issue.
Gill filed a motion to strike Dumas’ preliminary
statement; he does not now seek review of that motion. Gill
filed no other motions, he did not file a motion for judgment
pursuant to 37 CFR § 1.633(a) that Dumas was not entitled to
his claims under 35 U.S.C. § 102(f/g). Accordingly, we will
not consider Gill's arguments now raised with respect to the
inventorship of the
Dumas application. In addition, Gill does not ask us to
exercise our discretion, and we do not find it necessary to do
so.
In view of our findings above, junior party Dumas is
entitled to prevail in both interferences and judgment is so
entered.
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