ZHOU et al. V. KEAGY et al. - Page 49



                                                                                    Interference No. 104,649            
                                                                                                Page No. 46             
               sufficient suggestion of motivation for the combination proposed, Keagy Preliminary Motion I is          
               denied.                                                                                                  


                      G. Priority of Invention is Awarded Against Junior Party Zhou                                     
                      Keagy has been accorded a benefit date of September 16, 1994 for purposes of priority.            
               (Notice Declaring Interference, Paper No. 1, p. 4). Zhou has not alleged a date of conception            
               prior to Keagy's earliest accorded priority benefit date. (Zhou's Transmittal of Preliminary             
               Statement and Notice, Paper No. 23, p. 1). Accordingly, priority of invention is awarded against         
               Junior Party Zhou.                                                                                       

               IV. Order                                                                                                
                      As apparent from our discussion above, Zhou has not alleged a date of conception prior to         
               Keagy's earliest accorded priority date. Thus, this decision on motions becomes a final                  
               decision.' Upon consideration of the record, and for the reasons given, it is:                           
                      ORDERED that Zhou Preliminary Motion I is denied.                                                 
                      FURTHER ORDERED that Zhou Preliminary Motion 2 is denied.                                         
                      FURTHER ORDERED that Zhou Preliminary Motion 3 is denied.                                         
                      FURTHER ORDERED that Zhou Preliminary Motion 4 is granted.                                        
                      FURTHER ORDERED that Keagy Preliminary Motion I is denied.                                        




                      'Normally we would enter an Order to Show Cause as to why this interference should                
               continue. At this juncture, however, the time for submitting additional evidence is past. As             
               such, a response to an Order to Show Cause would in essence be a Request for Reconsideration.            







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