Interference No. 103,029
Patent Judge (APJ). Junior party Kipouras moved for benefit
of the filing date of U.S. Patent No. 4,588,773. The patent
was filed for on December 21, 1984 in the names of Alan R.
Federl and George P. Kipouras and will be referred to
hereinafter as the Federl patent as the parties have done.
Decision on the motion was deferred to final hearing. If this
motion were to be granted, junior party Kipouras would be the
senior party in this interference.
During the testimony period, senior party Barnhouse
filed two motions for leave to amend the senior party’s
preliminary statement to add an allegation of derivation.
Decisions on these motions have been deferred to final
hearing. If one or both of the motions to amend the
preliminary statement of the senior party are granted in this
decision, then the senior party’s evidence of derivation will
be considered in this decision.
According to the Kipouras main brief at page 2,
Kipouras does not intend to present a priority case at final
hearing. However, the declaration of Emily Richeson, KR693-
95,
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