Interference No. 104,271 Paper No. 55
Huse v. Winter Page 2
judgment stating that the status of its non-corresponding
claims is not affected by this judgment (Paper No. 52.)
DISCUSSION
A final decision awards judgment based on a count.
37 CFR § 1.658(a). A claim designated as corresponding to a
count is involved in the interference. 37 CFR § 1.601(f).
Conversely, a claim not designated as corresponding is not
involved in the interference. Even if claims might have been
properly designated as corresponding, they are not involved
for the purposes of judgment until they are designated as
corresponding. In the present interference, the question is
moot for two reasons. First, there is no motion to designate
claims as corresponding to the count. See 37 CFR § 1.633(c).
Second, judgment against Winter renders the question of
whether some of Huse's claims should have been involved
academic. (Note that it would not be academic if Winter's
claims were at issue.) Either way, Huse's claims--whether
corresponding or not--survive this interference intact.
Winter's claims not corresponding to the count also survive
intact.
ORDER
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Last modified: November 3, 2007