Interference No. 104,082
Patent Judges.
Caroff, Administrative Patent Judge.
JUDGMENT
Persico et al., the junior party, has filed a concession
of priority (Paper No. 13) which, pursuant to 37 CFR §
1.662(a), is treated as a request for entry of an adverse
judgment as to all claims of the junior party corresponding to
the count.
Accordingly, judgment as to the subject matter of the
sole count in issue is hereby awarded to Bayne et al., the
senior party. Persico et al. are not entitled to a patent
containing their claims 1, 3, 12, 20, 32-34, and 37-45
corresponding to the count. On this record, Bayne et al. are
entitled to a patent containing their claims 4, 7, 9, 12, 14,
17, 19, 22, 40, 50, 52, 62, 64, 74 and 75 corresponding to the
count.
We note that the primary examiner has indicated in her
initial memorandum (form PTO-850) that the senior party’s
claims not corresponding to the count are considered
unpatentable. We also note that by judgment in earlier
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