ORDERED that judgment on priority as to Count 1
(Paper 1, page 47), the sole count in the interference, is
awarded against senior party Jo Klaveness.
FURTHER ORDERED that senior party Klaveness is not
entitled to a patent containing claims 1-2, 5-6, 9 and 13
(corresponding to Count 1) of U.S. Patent 4,714,607, granted
22 December 1987, based on application 06/739,228, filed 30 May
1985.
FURTHER ORDERED that it is not necessary to determine
whether Dean's preliminary statement "establishes that the Dean
date of invention easily predates the Klaveness date of
invention;" as alleged in Miscellaneous Motion 17, it
nevertheless being noted that a preliminary statement is not
evidence in support of a contention of a party filing the
preliminary statement (37 CFR § 1.629(e)).
FURTHER ORDERED that further prosecution of the Dean
application involved in the interference will take place
consistent with 37 CFR § 1.664.
FURTHER ORDERED that a copy of this paper shall be made
of record in files of Dean application 07/777,793 and Klaveness
U.S. Patent 4,714,607.
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