Interference No. 103,036
the other opposing parties who testified on the question of the
adequacy of the Burroughs et al. specification.
For the foregoing reasons, the motion is denied.
Unpatentability of the Party Tucholski's Claims (Issue 8)
The Burroughs et al. brief requests that we decide the
Burroughs et al. preliminary motion for judgment under 37 CFR
§ 1.633(a) that the party Tucholski's claims corresponding to the
count are unpatentable over Burroughs et al.'s involved patent.
The motion is dismissed as moot inasmuch as we are issuing
judgment against the party Tucholski for the failure of its
preliminary statement to overcome the filing of the senior party
Burroughs et al. As a result of the judgment, the party
Tucholski is not entitled to its claims corresponding to the
count. Consequently, it is not necessary for us to decide
whether the claims are also unpatentable over prior art.
JUDGMENT
Judgment with respect to the subject matter of the
count in issue is hereby entered against Gary R. Tucholski, the
junior party. Accordingly, on the present record,
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