Interference No. 104,502
Schloemer v. Thro
Neither party seeks final hearing for review of any
interlocutory decision entered thus far in this interference.'
In a decision on preliminary motions (Paper No. 125) mailed on
December 31, 2001, we have determined that all of party Thro's
claims corresponding to the count, i.e., claims 28, 29, 32,
34-41, 44, and 46-51, as well as proposed new claims 52-57, are
unpatentable under 35 U.S.C. § 251 for adding new matter to
Patent No. 4,670,906 which Thro seeks to reissue through its
involved application 07/333,205. Entry of final judgment is now
appropriate. It is
ORDERED that senior party STUART W. THRO is not entitled to
a patent containing its application claims 28, 29, 32, 34-41, 44,
and 46-51 or its proposed new application claims 52-57;
FURTHER ORDERED that a copy of this judgment will be entered
in the respective involved cases of the parties; and
FURTHER ORDERED that if there is a settlement agreement,
attention should be directed to 35 U.S.C. § 135(c) and 37 CFR
§ 1.666.
See Paper No. 130 filed by Thro on January 28, 2002 and
Paper No. 128 (Record of telephone conference).
2
Page: Previous 1 2 3 4 Next
Last modified: November 3, 2007