Langhauser 1-5
Geerts 9, 15, 27-33, 35 and 37-40
The claims of the parties which do not correspond to
count 1 are:
Langhauser None
Geerts 36
D. The issues
Geerts has raised several grounds upon which it is
entitled to prevail. One of those issues, which we find
dispositive since all of Langhauser's claims correspond to the
count, is priority of invention. Geerts also maintains that
the Langhauser patent claims are unpatentable. On the issue
of priority, Geerts presented testimony, evidence and a brief
(37 CFR § 1.656). Langhauser did not file a brief in
opposition to Geerts' case for priority.
E. Decision on priority and patentability
Upon consideration of the record, including the fact that
Langhauser did not file a brief in opposition to Geerts' case
of priority, it is
ORDERED, essentially for the reasons given in the
BRIEF OF THE PARTY GEERTS ET AL. AT FINAL HEARING (Paper 81),
that Geerts has established by a preponderance of the evidence
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