The board has received CHARLTON'S SUBMISSION OF ARBITRATION
AWARD, accompanied by a DECISION ON ARBITRATION PURSUANT TO 37
CFR 1.690 (Paper 152). According to the decision on arbitration,
"priority of invention is awarded to Charlton, the junior party"
(Paper 152, pages 15-16). We construe the arbitration award to
hold that Charlton established priority vis-a-vis Rosenstein and
therefore Rosenstein has lost on the issue of priority.
B. Discussion
The sole count in the interference at this time is Count 4
(Paper 130, page 2):
Count 4
A test device in accordance with claims 38, 40 or 42 of
Charlton application 08/465,675, further provided that said
first portion includes a reconstitutable conjugate,
supported therein and mobilizable by transport thereby of
the liquid sample,
or
a method in accordance with claims 39, 41 or 43 of Charlton
application 08/465,675, further provided that said first
portion includes a reconstitutable conjugate, supported
therein and mobilizable by transport thereby of the liquid
sample,
or
a test strip in accordance with claims 1 or 11 of Rosenstein
patent 5,591,645, or claims 1 or 11 of Rosenstein
application 09/167,028, further provided said tracer site
includes a tracer supported thereon such that when liquid is
added the tracer becomes mobile and is transported,
- 2 -
Page: Previous 1 2 3 4 5 6 7 Next
Last modified: November 3, 2007