Interference No. 104,759
Page 2
on priority as to Count 2, the sole count in interference, should not be entered against Dietliker.
(Decision on Preliminary Motions, Paper No. 30). Specifically, Dietliker’s involved U.S.
application has a filing date of February 9, 1999 and under 35 U.S.C. §102(g)(1) and §104
Dietliker may not establish a date earlier than January 1, 1996 by reference to knowledge or use
or other activity in a WTO country. As such, the evidence of record failed to establish that
Dietliker is prima facie entitled to a judgment on priority relative to Hada.
Dietliker was to respond to the Order to Show Cause by no later than September 20,
2002. Dietliker has failed to respond. Accordingly, upon consideration of the record, and for the
reasons given, it is:
ORDERED that judgment on priority to Count 2 (Order Redeclaring Interference, Paper
No. 31, p. 3), the sole count in the interference, is awarded against Junior Party Dietliker.
FURTHER ORDERED that Junior Party Dietliker is not entitled to a patent containing
claims 1-14 and 19-23 of Dietliker’s involved U.S. Application No. 09/242,145.
FURTHER ORDERED that a copy of this final decision shall be placed and given a
paper number in the file of Dietliker’s U.S. Application No. 09/242,145 and Hada’s U.S. Patents
5,902,713, 6,022,666 and 6,063,953.
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Last modified: November 3, 2007