Interference No. 101,981
Beyers et al. (Beyers) – Serial No. 07/024,653, filed March 11, 1987; and
Batlogg et al. (Batlogg) – Serial No. 07/021,229, filed March 3, 1987.8
By virtue of their effective filing date of March 3, 1987, Batlogg et al. are the senior party in
this interference, 37 C.F.R. §§ 1.657 and 1.601(m).
Count 1, the sole count at issue, reads as follows:
Count 1
A crystalline essentially single phase composition having a perovskite like
structure, exhibiting zero electrical resistance at a temperature of 700 K or higher, having the
formula:
A1B2Cu30y
application was originally filed with product and process claims. The
examiner required a restriction and Qadri elected to prosecute the
product claims now in this interference. Qadri indicated that a
“divisional application was filed December 30, 1988. . . . The
divisional application contains the same process claims as were filed in
the parent application 07/158,483.” We now learn (Beyers’ Motion Under
37 C.F.R. § 1.635 for Judgment Against Qadri under 37 C.F.R. § 1.616 for
Violation of 37 C.F.R. § 1.615; paper no. 245) that a patent (U.S. Patent
5,106,829; issued April 21, 1992) has issued from a continuation
application (07/587,466, filed September 19, 1990) of that divisional
application (07/292,067).
8 Batlogg had also filed a CIP (Serial No. 07/024,046, filed March 10,
1987). However, Batlogg’s Motion Under § 1.633(d) (paper no. 48) to
substitute the CIP 07/024,046 for the parent 07/021,229 in the
interference was denied (paper no. 131). Batlogg does not seek review of
the denial of the motion. Matters not raised in the brief are deemed
abandoned. Photis v. Lunkenheimer, 225 USPQ 948 (Bd. Pat. Int. 1984).
4
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