Interference No. 102,572
judge (APJ), granted the Boss et al. motion for benefit of the March 25, 1983 and March
23, 1984, filing dates of their United Kingdom application, No. 83/08235 and PCT
application, PCT/GB84/00094, respectively. With the granting of the motion for benefit,
party Boss et al. became senior party in this interference.
Boss et al. took no testimony and thus stand on their March 25, 1983, filing date
accorded them during the motion period.
Junior party Cabilly et al. raise the following issues in their brief (Brief, page 3):
(1) does the record establish that Cabilly et al. actually reduced to practice the
invention of the count prior to the March 25, 1983, effective filing date accorded Boss et
al., and if not, then,
(2) does the record establish that Cabilly et al. conceived of the invention of the
count prior to the March 25, 1983, filing date accorded Boss et al. and proceeded with
reasonable diligence to either an actual or constructive reduction to practice (April 8,
1983) from a time prior to conception of Boss et al. (March 25, 1983).
In addition, we have before us, a Cabilly et al. motion, pursuant to 37 CFR § 1.635,
to have certain Cabilly et al. pages, 224-231 attached to exhibit 8 and page 993 attached
to Exhibit 20, entered into the record (Paper No. 49). The motion stands opposed (Paper
No. 50); and a reply was filed (Paper No. 51).
The following issues have not been raised by the parties:
(1) a question of no interference-in-fact;
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