Interference No. 103,966
CAROFF, Administrative Patent Judge.
JUDGMENT
In a paper entitled “Concession of Priority - Counts 1-4"
(Paper No. 25) filed on June 23, 1998 (sic: July 23, 1998),
Abramovitz et al., the senior party, requests entry of adverse
judgment under 37 CFR § 1.662(a) with respect to counts 1, 2
and 4; whereas Gil et al., the junior party, requests entry of
adverse judgment with respect to count 3.
Accordingly, judgment as to the subject matter of counts
1, 2 and 4 is hereby awarded to Gil et al. Therefore, as to
count 1, Abramovitz et al. are not entitled to their involved
claims 3, 5-7 and 10-13. On this record, Gil et al. are
entitled to their involved claims 2, 5 and 27-28.
As to count 2, Abramovitz et al. are not entitled to3
their involved claims 14-15. On this record, Gil et al. are
3We note that an unopposed preliminary motion to, inter
alia, add Gil et al. claims 29-32 and Abramovitz et al. claims
14-17, respectively, to each of the involved applications was
granted in a Decision on Motions (Paper No. 19). Attention is
directed to the statements in that decision advising the
parties to make sure that those claims are formally added to
the respective applications by amendment. Attention is also
directed to the statement on page 2 of that decision regarding
reconsideration of patentability at the discretion of the
examiner.
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