Interference No. 102,755
activities by Stimson at an Atlanta show and an "XB-70 motion"
alleging prior use of the braking system by a non-party, North
American Rockwell Corporation, on the XB-70 aircraft. In
addition, Nedelk has moved without opposition to strike
Stimson's "reply brief" (i.e., surreply brief) for final
hearing, which motion is hereby granted. Finally, Stimson4
has moved to suppress evidence relied on by Nedelk in support
of his priority case and his belated § 1.633(a) motions. We
will begin with priority.
B. Priority
Nedelk does not dispute that Stimson was properly
accorded the benefit of the February 8, 1989, filing date of
U.S. Application Serial No. 07/307,633 and the February 16,
1988, filing date of British Application No. 880354 with
respect to the count. Stimson's earliest alleged date of
invention at final hearing is his February 16, 1988, British
benefit date.
The briefs which are entitled to consideration are4
Nedelk's main brief (NMB), Stimson's main brief (SMB), and
Nedelk's reply brief (NRB). Nedelk's records and exhibits for
final hearing are identified by NR and NE, respectively. Stimson
filed no record or exhibits for final hearing.
- 3 -
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: November 3, 2007