Patent Interference No. 103,548
Konrad has been accorded the benefit of an earlier filing date (May 19, 1990)
with respect to all the counts.
COUNTS 1 and 2:
· Konrad's '851 application is accorded the benefit of the May 19, 1990 filing date of
German application P 40 16 177.3. The benefit was accorded in the Order declaring
the interference (paper no. 1, 37 CFR § 1.611(c)(5)) and has not been opposed.
· Lagrange '637 patent is accorded benefit of the May 31, 1990 filing date of French
application 90/06,803. Lagrange (Preliminary Motion 1, paper no. 22) moved under
37 CFR § 1.633(f) during the preliminary motion phase to have its '637 patent
accorded the benefit of the May 31, 1990 filing date of French application 90/06,803.
Konrad filed an opposition but since Konrad took no position on Lagrange's motion,
there was, in effect, no opposition (see paper no. 49, p. 5).
· Lagrange reissue application '491 is accorded the benefit of the May 31, 1990 filing
date of French application 90/06,803. "At the hearing, it was agreed that the
Lagrange reissue application should be accorded a benefit date, for purposes of 35
U.S.C. § 102(g), of May 31, 1990, with respect to all the counts" (paper no. 49, p.
41).
COUNT 3
· Konrad's '851 application is accorded the benefit of the May 19, 1990 filing date of
German application P 40 16 177.3. Konrad (Konrad's Preliminary Motion 4, paper
no. 29) moved under 37 CFR § 1.633(f) to have interfering '851 application accorded
the same benefit as was accorded the application with respect to Counts 1 and 2 .
Lagrange did oppose the motion and therefore Konrad's motion was granted (see
paper no. 49, p. 28).
· Lagrange '637 patent is accorded a filing date of May 31, 1991. "[W]ith respect to
Count 3, Lagrange did not move for benefit with respect to the Lagrange patent"
(paper no. 49, p. 41, footnote 4). Accordingly, Lagrange's patent is not accorded the
benefit of the May 31, 1990 filing date of French application 90/06,803, 37 CFR §
1.630.
· Lagrange reissue application '491 is accorded the benefit of the May 31, 1990 filing
date of French application 90/06,803. "At the hearing, it was agreed that the
Lagrange reissue application should be accorded a benefit date, for purposes of 35
U.S.C. § 102(g), of May 31, 1990, with respect to all the counts" (paper no. 49, p.
41).
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