WHISENANT V. WAGNER - Page 3




          Interference No. 103,467                                                    



                    (c) a second temple arm or leg hingedly connected,                
          by means of a second hinge, to said front rim; and                          
                    (d) means for coupling said front section to said                 
          rear section of the first temple arm.                                       
                    The claims of the parties that correspond to the                  
          count are:                                                                  
          Whisenant           Claims 1-3, 5-9, and 11-13                              
          Wagner         Claims  1-3                                                  


                         Background and Issues to be Decided                          
                    The interference was declared September 20, 1994.                 
          However, the motion period was suspended when it became                     
          apparent that neither the Patent and Trademark Office nor the               
          senior party’s attorney of record could locate a current                    
          address for the senior party inventor.  After the senior party              
          inventor’s address was located through on-line searching, the               
          interference was resumed.                                                   
                    The senior party has filed no papers and therefore                
          stands on his effective filing date.  The sole issue at final               
          hearing is whether the junior party can antedate the senior                 




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Last modified: November 3, 2007