Interference 103,482
103 in view of the teaching of Ewen et al., U.S. Patent
4,892,851.9
Disposition of Interference 103,482
Neither party has submitted priority proofs. Therefore,
this interference is decided based on the preliminary motions
filed by the parties. Accordingly:
For Interference 103,482, it is
ORDERED that judgment on priority as to Count 2, the sole
count in this interference, is awarded against junior party
JOHN A. EWEN;
FURTHER ORDERED that judgment on priority as to Count 2
is awarded in favor of senior party VOLKER DOLLE, JURGEN
ROHRMANN, ANDREAS WINTER, MARTIN ANTBERG and ROBERT KLEIN;
FURTHER ORDERED that, on the record before the Board of
Patent Appeals and Interferences, senior party VOLKER DOLLE,
JURGEN ROHRMANN, ANDREAS WINTER, MARTIN ANTBERG and ROBERT
9 On June 30, 1999, Dolle filed Motion Under 1.635 To
Suppress Evidence (Paper No. 98), specifically the Declaration
of William J. Gauthier, dated September 28, 1998 (EE X); the
Second Declaration of William J. Gauthier, dated November 19,
1998 (EE Y); and Randall, James, Polymer Sequence Determination
Carbon-13 NMR Method, New York, pp. 1-7 and 29-58 (1977)(EE Z),
and all references thereto in Ewen’s briefs. Dolle’s motion to
suppress is moot based on the views expressed in our opinion
beginning at page 54.
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