Interference No. 103,618 Paper No. 81
Fukuda v. Giatras Page 2
agreement be kept separate from the file of the interference,
see 35 U.S.C. § 135(c), and that counsel of record be
permitted to respond to any petition under 37 CFR § 1.666(b).
We do not construe the request to apply to access by an agency
of the United States government, which may be had on written
request without petition. Otherwise, a petition under
Rule 666(b), like other petitions in an interference, must be
served on counsel of record and any opposition filed within
twenty days of service unless otherwise provided.
Fukuda and Giatras report that the involved applications
are now commonly assigned to Fukuda's real party-in-interest
(Paper No. 80). Giatras requests adverse judgment under
37 CFR § 1.662(a).
ORDER
Upon consideration of the record of this interference, it
is
ORDERED that judgment on priority as to Count 1 (in Paper
No. 22) is awarded against senior party Giatras;
FURTHER ORDERED that senior party Giatras is not entitled
to a patent containing claims 1-7 and 16-28 of 07/263,182,
claims 8-15 and 27-26 of 07/568,345, and claims 27-32 and 34-
38 of 08/472,514, which correspond to Count 1;
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