Interference No. 102,712
any other” embodiment within the scope of the preferred
materials and processing parameters disclosed in his
application. Instead, it is at least as likely that he
considered WG-300 to be merely representative of the preferred
category of substrates; and chose it for testing purposes
because of its ready availability as an “off-the-shelf” item.
V. Augustine’s Motion to Suppress Evidence
We find it unnecessary to consider the specific
objections to the admissibility of evidence raised in the
motion since we have found that Augustine prevails in this
interference with regard to all of the substantive issues
raised at final hearing even when considering the evidence in
question.
Judgment
For the foregoing reasons, judgment as to the subject
matter of the sole count in issue is hereby awarded to
Augustine, the senior party.
Accordingly, Augustine is entitled to a patent containing
claims 1-60 corresponding to the count. Junior party Suzuki
is not entitled to a patent containing claims 1, 3, 4, 15, 16,
18 and 19 corresponding to the count. Junior party Mehrotra
24
Page: Previous 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
Last modified: November 3, 2007