Interference No. 103,987
In summary, whether or not Gentry marks a change of
substance in the law of descriptive support under section 112,
first paragraph, the facts of the instant case are so markedly
different from Gentry, that any holding in that case is far
from applicable here. As noted above, while the motion for
judgment based on patentability has been discussed, the motion
stands DISMISSED for failure to be timely filed.
Judgment
Judgment in Interference No. 103,987 is entered
against Gunsang Lim, Richard D. Marowsky, and Ben Khoshnood,
the
junior party, on the ground of priority of invention. Gunsang
Lim, Richard D. Marowsky, and Ben Khoshnood are not entitled
to their patent containing claims 1-9 and 11-15, which claims
correspond to the count in interference. Judgment is entered
in favor of Jack E. Caveney, Christopher J. Hayes, Joseph
Rinchiuso, Andrew J. Stroede, and Donald C. Wiencek, the
senior party. James E. Caveney, Christopher J. Hayes, Joseph
15
Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: November 3, 2007