Interference No. 103,640
rejection11 on this ground with respect to narrower claims in the
senior party’s parent application. Accordingly, we will enter
judgment against the senior party on the ground of unpatent-
ability, hereinbelow.
Having found all of the senior party’s claims
designated as corresponding to the count as unpatentable over the
prior art, it is not necessary for us to consider the issues
dealing with the junior party’s other arguments regarding the
unpatentability of the senior party’s claims. Likewise, the
issues raised by the junior party’s 37 CFR § 1.633(c)(4) motions
shall not be decided, inasmuch as the junior party will be
adjudged entitled to all claims designated as corresponding to
the count. Finally, the issue of the senior party’s claim for
benefit is mooted, since judgment shall be entered against him
on patentability.
Judgment
Judgment in Interference No. 103,640 is entered against
the senior party, Hiromichi Inagaki, on the ground of unpatent-
ability. Hiromichi Inagaki is not entitled to a patent
containing claims 11-26, which claims correspond to the count
11 Appeal No. 92-1368, Application Serial No. 07/257,270,
decision mailed October 26, 1992. Adhered to on reconsideration
mailed May 20, 1993.
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