Interference 102,760
Memorandum In Support Thereof (Paper No. 119) because
Rapoport’s reply
to the Dement et al. Opposition to Rapoport’s Request For
Reconsideration is not authorized by 37 CFR 1.658(b)(Paper
No. 122, p. 2, second para.).
September 23, 1999 -- Final hearing ensues on Rapoport’s
Motion For Judgment Under 37 CFR §1.633(a) or 37 CFR §1.635
(Paper No. 52), the sole issue being the patentability under
35 U.S.C. § 102(f) of Claims 1-13 of Dement et al. Application
07/695,325, all of which correspond to Count 1 of this
interference.
2. Prior Decisions of the Board
A. Conception of Invention of the Count
(1) “Rapoport has established conception of the
invention of the count by May 13, 1988" (Decision, Paper No.
112, page 7, first full para.).
(2) “Dement et al. have sustained their burden to
establish conception by the end of summer of 1986, a date
prior to the May 13, 1988 conception of Rapoport, thereby
defeating the Rapoport case for derivation” (Decision, Paper
No. 112, p. 9, last para.).
B. Patentability
9
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