not have sought to have designated as corresponding to the
count.
Apart from the interference, Winter may file an
application to reissue the Winter patent involved in the
interference. If the claims sought to be obtained in the
reissue application are directed to an invention which is
patentably distinct from the count, a reissue patent
containing those claims may be issued. Cf. In re Deckler, 977
F.2d 1449, 24 USPQ2d 1448 (Fed. Cir. 1992) (junior party
losing interference to senior party based on senior party's
foreign priority date is not entitled to claims to same
patentable invention as count--based on estoppel); Ex parte
Tytgat, 225 USPQ 907 (Bd.App. 1985).
After a discussion of the status of the interference, it
became apparent that Winter did not urge a basis upon which it
might prevail. Hence, entry of a final decision at this time
is appropriate. Entry of a final decision, however, will be
without prejudice to Winter filing a reissue application and
to obtaining a reissue application with claims which are
patentably distinct from the count.
C. Order
Upon consideration of the record, it is
- 3 -
Page: Previous 1 2 3 4 5 6 Next
Last modified: November 3, 2007