Interference No. 103,146
Equitable Abandonment, Suppression, and Concealment
As we understand it, the junior party Barker is
requesting that we enter judgment in his favor based on the
premise that one who has committed inequitable conduct before
the PTO, and delayed the issuance of its patent or the
abandonment of its application by said inequitable conduct,
has abandoned, suppressed, or concealed the invention under 35
U.S.C. § 102(g). In this instance, as noted above, Barker has
failed to prove that Elson has engaged in inequitable conduct.
Thus, a contingency on which the request is based has not
occurred. Therefore, we decline to entertain the request.
Judgment
Judgment in Interference No. 103,146 is entered
against John M. Baker, the junior party. John M. Baker is not
entitled to his patent claims 1 through 18 or his Reissue
application claims 1 through 17, all of which claims
correspond to the count in interference. Judgment is entered
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