Interference No. 101,981
Final Hearing: July 14, 1994
___________________
Before CAROFF, DOWNEY, WILLIAM F. SMITH, and LORIN, Administrative Patent Judges.4
LORIN, Administrative Patent Judge.
BACKGROUND
When originally declared, this interference involved four parties and was captioned Qadri
et al. v. Chu v. Beyers at al. v. Batlogg et al. In a decision on motions (paper no. 131), the
Administrative Patent Judge (APJ)5 granted both Chu’s motion under §§1.633(i) and (c)(4)
(paper no. 95) to redefine the interfering subject matter to exclude those claims, claims 16, 20-
28, 47-49, 56-65 and 82-93, not limited to single-phase compositions and Beyers’ motion for
4 The three member panel which heard the oral argument consisted of
Administrative Patent Judges Ronald H. Smith, Caroff and William F. Smith.
Administrative Patent Judge Downey was added to this panel for purposes of
rendering the decision. Administrative Patent Judge Lorin has been substituted
for Administrative Patent Judge Ronald H. Smith, who retired subsequent to the
hearing. Legal support for adding additional members to the original panel,
without necessity for reargument, can be found in In re Bose Corp., 772 F.2d
866, 227 USPQ 1, 4 (Fed. Cir. 1985). Ex parte Remark, 15 USPQ2d 1498, footnote 1
(Bd. Pat. App & Int.).
5 Formerly Examiner-In-Chief (EIC).
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