adverse judgment as to both counts 1 and 2.
Claims of an involved application may be amended during
the interference only if a preliminary motion under 37 CFR §
1.633(c) is granted. Since Tomes did not file a preliminary
motion under § 1.633(c) to amend its claims and accordingly,
no such preliminary motion was granted, it would be
inappropriate to cancel Tomes claims 41, 66 and 81 at this
time.
Upon consideration of the record of the interference, it
is
ORDERED that judgment on priority as to Count 1, is
awarded against senior party GLETA CARSWELL, YIN-FU CHANG,
MARY DELL-CHILTON, and CHRISTIAN HARMS;
FURTHER ORDERED that senior party GLETA CARSWELL,
YIN-FU CHANG, MARY DELL-CHILTON, and CHRISTIAN HARMS, is not
entitled to a patent containing claims 112-114, 119-125, and
132 of application 08/447,057 which correspond to Count 1;
FURTHER ORDERED that judgment on priority as to
Count 2, is awarded against junior party DWIGHT T. TOMES,
ARTHUR WEISSINGER, JOHN C. SANFORD, and THEODORE M. KLEIN and
senior party GLETA CARSWELL, YIN-FU CHANG, MARY DELL-CHILTON,
and CHRISTIAN HARMS;
FURTHER ORDERED that junior party DWIGHT T. TOMES,
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