Interference No. 103,724
Before DOWNEY, METZ and ELLIS, Administrative Patent Judges.
DOWNEY, Administrative Patent Judge.
JUDGMENT PURSUANT TO 37 C.F.R. § 1.662(a)
Cornelissen et al, the senior party, have filed, pursuant to 37 C.F.R.
§ 1.662(a), a concession of priority with respect to the invention defined by count 2 (Paper
No. 79), which concession is treated as a request for entry of an adverse judgment as to all
the claims which correspond to count 2.
Accordingly, JUDGMENT as to the subject matter of the count 2 is hereby awarded
to Thomas Boller, Jean-Marc Neuhaus and John Ryals, the junior party and against
Bernardus J.C. Cornelissen and Leo S. Melchers, the senior party. On this record, Boller
et al. are entitled to a patent containing claims 63, 71, 74-75 corresponding to count 2 and
Cornelissen et al. are not entitled to a patent containing claims 14, 25, 31, 35 and 41-54
corresponding to count 2.
In the Initial Interference Memorandum, the primary examiner indicated that claims
37 and 38 were not allowable to Boller et al. The question of patentability of these claims
was not raised in this proceeding, accordingly, we take no position on Boller’s entitlement
to claims 37-38. Grove v. Johnson, 22 USPQ2d 1044, 1050 (Bd. Pat. App. & Int. 1991).
In addition, we take no position with respect to Boller’s entitlement to claims 76-87, claims
2
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