Interference No. 104,021 Paper No. 112
Griffin v. Bertina Page 11
FURTHER ORDERED that Griffin is not entitled to a patent containing application
08/410,488 claims 1-4, 7-11, 14, 19-28, 30-32, and 34-40, which correspond to Count 4;
FURTHER ORDERED that, based on the record before us, senior party Bertina is
entitled to a patent containing application 08/454,353 claims 62-88,14 which correspond to
Count 4; and
FURTHER ORDERED that a copy of this decision be given a paper number and be
entered in the administrative records of application 08/410,488 and application 08/454,353.
RICHARD E. SCHAFER
Administrative Patent Judge
BOARD OF PATENT
APPEALS AND
JAMESON LEE INTERFERENCES
Administrative Patent Judge
INTERFERENCE
TRIAL SECTION
RICHARD TORCZON
Administrative Patent Judge
14 Note that the examiner has separately determined that claim 80-88 are not patentable although claims 81-88
may be redrafted in independent form to avoid unpatentability (Rule 609(b) statement). This judgment on priority does
not bar the examiner from pursuing this rejection.
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