Interference No. 102,668
stemmed from McMahon's § 1.633(a) motion for judgment against
Cavanagh's claims on the ground of unpatentability over
disclosures made by Dennis Jones, one of the McMahon
inventors, at a November 16-20, 1987, meeting of the
Acoustical Society of America in Miami, Florida (hereinafter,
"the Miami meeting").
After initially deciding to defer consideration of the motion
until a final hearing on priority, the Administrative Patent3
Judge (APJ) granted the motion based on a "first" Jones
declaration and ordered Cavanagh to show cause why judgment4
should not be entered against his claims under 35 U.S.C. §§
102 and/or 103 based on Jones's disclosures at the Miami
meeting. Cavanagh's request for a final hearing was granted,
as was his request for a testimony period, during which he
deposed Jones regarding his first affidavit. Both parties
Paper No. 15; adhered to on reconsideration in paper No.3
22.
Executed November 26, 1991, included in McMahon's Record4
(MR) at MR 6-9. The year is incorrectly given in the index of
witnesses (MR 2) as 1996. Because the interference rules use the
term "affidavit" to refer to an affidavits or a declaration (see
§1.601(b)), all declarations are referred to hereinafter as
affidavits. Also, the terms "affidavit" and "deposition
testimony" as used herein include any exhibits referenced therein.
- 3 -
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: November 3, 2007