§ 1.608(b), (1) the effective filing date of U.S. Patent
5,962,316 is 18 November 1993 and (2) the effective filing
date of U.S. Patent 5,889,169 is 18 November 1993 (Paper 18).
Kamb was ORDERED to either (1) present a showing under
37 CFR § 1.608(b) or (2) establish that it is entitled to the
benefit for purposes of priority of an application with a
filing date prior to Cold Spring Harbor Laboratory's effective
filing dates of 18 November 1993 (Paper 2 at 11-12 and Paper
18 at 2).
On 13 January 2000, Kamb timely filed a paper stating
that "[t]o date, a search of the appropriate records has not
revealed evidence upon which Kamb can base either showing"
(Paper 19). Since Kamb has neither presented a showing under
§ 1.608(b) nor established that it is entitled to any benefit
of an application filed prior to 18 November 1993, Kamb has
failed to comply with the requirements of § 1.608(b).
Accordingly, judgment should be entered against Kamb.
B. Judgment
Upon consideration of the record of this interference, it
is
ORDERED that judgment on priority as to Count 1 is
awarded against Kamb;
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