Interference No. 103,570
For all of the foregoing reasons and in view of Hubbard’s
concession of priority to Wallace (Paper No. 111), judgment is
rendered as follows:
Judgment
Judgment as to the subject matter of the sole count in issue
(count 3)7 is hereby awarded to Wallace et al., the junior party.
Accordingly, Hubbard is not entitled to a patent containing
claims 46-50 corresponding to the count.
On the record before us in this interference, Wallace et al.
are entitled to their patent containing claims 1-16 corresponding
to the count.
MARC L. CAROFF )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
ADRIENE LEPIANE HANLON ) APPEALS AND
Administrative Patent Judge ) INTERFERENCES
)
)
)
HUBERT C. LORIN )
Administrative Patent Judge )
MLC:hh
7Count 2 has been replaced by count 3 as the sole count in
issue pursuant to the concurrent Redeclaration (Paper No. 123).
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