Interference No. 104,370 Paper No. 35
Bennett v. Fitzmaurice Page 2
request provides no reason for believing the subject matter of
the count is unpatentable. Fitzmaurice has not advanced a
theory in a motion or an opposition for believing that any of
junior party Bennett's claims are unpatentable. Consequently,
we enter judgment against Fitzmaurice based on its request,
but without further action regarding the patentability of
Bennett's claims.
ORDER
Upon consideration of the record of this interference, it
is—
ORDERED that judgment on priority as to the Count is
awarded against Fitzmaurice;
FURTHER ORDERED that Fitzmaurice is not entitled to a
patent containing 08/732,897 application claims 39-45 and 47-
50, which correspond to the Count;
FURTHER ORDERED that, based on the record before us,
Bennett is entitled to a patent containing 5,658,773 patent
claims 1-9, which correspond to the Count;
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