Interference No. 104,180
involved patent by adding Moore and Abalos or in Moore’s involved application by adding
inventors Bartz and Carswell. At page 25, lines 3-5, of its brief, Bartz contends that:
Nothing in the facts would indicate that there was a complete conception of the
invention of the Count prior to the meeting on May 1, 1993, and it is clear that the parties
left the meeting with a complete conception of the invention.
The party Bartz was aware of the facts surrounding the meeting since the time of the meeting.
However, it filed no timely motion under 37 CFR § 1.634 to correct inventorship.
Judgment
Judgment as to the subject matter of the count in issue is awarded to H. Jack Moore, Jr.
and Martin Abalos, the senior party. On the present record, the party Moore et al. is entitled to a
patent with claims 65-71 corresponding to the count. The party Bartz et al. is not entitled to its
patent with claims 1-3 and 5-8.
STANLEY M. URYNOWICZ, JR. )
Administrative Patent Judge )
)
)
)
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JOHN C. MARTIN ) BOARD OF PATENT
Administrative Patent Judge ) APPEALS AND
) INTERFERENCES
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MURRIEL E. CRAWFORD )
Administrative Patent Judge )
SMU:clm
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