Interference No. 103,029
Accordingly, the Kipouras motion to withdraw these exhibits is
GRANTED.
The Kipouras motion to suppress has been GRANTED in
its entirety.
Decision on Kipouras Motion for Benefit
Benefit for priority purposes is determined with
respect to the count. A party is entitled to the benefit of
an earlier filed application for priority purposes if he or
she is in compliance with 35 U.S.C. § 112, first paragraph,
with respect to at least one species within the count. Mori
v. Costain, 214 USPQ 295, 297 (Bd. Pat. Int. 1981), citing
Weil v. Fritz, 572 F.2d 856, 865 n.16, 196 USPQ 600, 608-09
n.16 (CCPA 1978); Hunt v. Treppschuh, 523 F.2d 1386, 1389, 187
USPQ 426, 429 (CCPA 1975); and Den Beste v. Martin, 252 F.2d
302, 305, 116 USPQ 584, 586 (CCPA 1958).
The earlier application must contain a written
description of the subject matter of the interference count,
and
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