Interference No. 1050
Introduction
The parties hereto have filed a settlement agreement (Paper 5 1) in which they
stipulate that Junior Parties Bourbeau and Morrow (hereinafter "Bourbeau" or "Junior
Party" or "Junior Party Bourbeau") have proven priority of invention of the Interference
Count (Ld., Paragraph 1. 1).
Senior Party Tarpill (hereinafter "Tarpill" or "Senior Party" or "Senior Party
Tarpill") has requested entry of adversejudgment against himself (Paper 52). Tarpill
has also filed Miscellaneous Motion 5 (Paper 50) requesting withdrawal of Tarpill
Preliminary Motions 1-4.
Tarpill Contingent Preliminary Motion 2 (Paper 26) sought to redefine the subject
matter of the count by adding new claims. In light of the settlement agreement, we grant
the request to withdraw this motion.
Tarpill Contingent Preliminary Motion 3 (Paper 27) sought to redefine the subject
matter of the count by substituting a new count. In light of the settlement agreement, we
also grant the request to withdraw this motion.
Tarpill Contingent Preliminary Motion 4 (Paper 28) sought the benefit of an
earlier filing date for Senior Party Tarpill. We grant the request to withdraw this motion
as well, in light of the settlement agreement.
However, since an issue of patentability was fully developed we exercise our
discretion to take up Preliminary Motion 1, despite the absence of a dispute on priority.
Findings of Fac
1. This interference was declared on March 19, 2003 (Paper 1).
2
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