Interference No. 104,522 Paper108 Nichols v. Tabakoff Page 3 We award judgment against Nichols. Nichols' evidence is insufficient to prove (1) that Nichols actually reduced the invention to practice before Tabakoff's effective filing date, (2) that Tabakoff derived the invention from Nichols, (3) that Nichols is a joint inventor of Tabakofrs involved claims, or (4) that Tabakoff acted inequitably before the PTO. Since priority is not awarded to Nichols, the issue of whether the Nichols patent violated the best mode requirement of 35 U.S.C. § 112, T 1 is moot. II. Background 1 . Nichols is involved in this interference on the basis of U.S. Patent 5,783,700 ("Nichols '700," Ex 2009), granted July 21, 1998, based on application 08/887,627, filed July 3, 1997. 2. Nichols' real party-in-interest is the named inventors. 3. Tabakoff is involved in this interference on the basis of application 09/171,697, filed October 23, 1998 ("Tabakoff '697," Ex 2011). Tabakoff '697 has been accorded benefit for the purpose of priority of the June 6, 1997 filing date of its U.S. provisional application 60/048,848 (Ex 1006). 4. Tabakoff's real party-in-interest is LOHOCLA RESEARCH CORPORATION. 5. The subject matter of the interference is defined by one Count, i.e., a compound according to any of claims 1 or 15 of Nichols or a compound according to claim 12 of Tabakoff.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 3, 2007