Interference No. 102,408
testimony (Paper Nos. 63 and 64) is dismissed. Furthermore,
issues (3)-(5) raised by junior party Child in its brief and
issues (9) and (10) raised by senior party Kolar in its brief
relating to the rebuttal testimony of Dr. Kolar are moot.
Judgment
Judgment as to Count 1, the sole count at issue, is
entered against junior party Ralph G. Child, Panayota Bitha,
Joseph J. Hlavka and Yang-I Lin based on both priority and
patentability. Ralph G. Child, Panayota Bitha, Joseph J.27
Hlavka and Yang-I Lin are not entitled to a patent containing
claims 2-12, 33 and 34 which correspond to Count 1.
Judgment as to Count 1 is awarded in favor of senior
party Cenek Kolar, Hans P. Kraemer and Konrad Dehmel. On the
record before the Patent and Trademark Office in this
interference,
27Kolar's motion under 37 CFR § 1.633(a) for judgment on
the ground that Child's claim 33 corresponding to the count is
unpatentable to Child under 35 U.S.C. § 112 was granted in a
decision on motions mailed June 2, 1992 (Paper No. 46). Since
Child did not seek review of that decision in its brief at
final hearing, judgment is also properly entered against
junior party Child based on unpatentability.
33
Page: Previous 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Next
Last modified: November 3, 2007