Interference No. 105,086
Page No. 2
against Bieringer. (Order, Paper No. 19). In response to this Order, Bieringer "hereby concedes
priority as to Count L" (Paper No. 20).
Under USPTO practice:
A party may, at any time during an interference, request and agree to entry of an
adverse judgment. Thefiling by a party of a written disclaimer of the invention
defined by a count, concession ofpriority or unpatentability of the subject matter
of a count, abandonment of the invention defined by a count, or abandonment of
the contest as to a count will be treated as a requestfor entry of an adverse
judgment against the applicant or patentee as to all claims which correspond to
the count. Abandonment of an application, other than an application for reissue
having a claim of the patent sought to be reissued involved in the interference,
will be treated as a request for entry of an adverse judgment against the applicant
as to all claims corresponding to all counts. Upon the filing by a party of a request
for entry of an adverse judgment, the Board may enter judgment against the party.
3 7 C.F.R. § 1.662(a), emphasis added. As set forth in the USPTO interference practice rules,
Bieringer concession on priority is treated as a request for entry of an adverse judgment against
all Bieringer claims that correspond to the count.
Count I is the sole count in interference. (Notice Declaring Interference, Paper No. 1, p.
5). Biefinger is involved in the interference based upon U.S. Patent No. 6,124,240. Claims 1-5,
11, 12, 14, 16 and 17 of Bieringer's involved patent correspond to Count I whereas claims 6-10,
13 and 15 do not correspond and do not form a part of the interference priority contest. As
Bieringer has conceded priority as to Count 1, priority of invention is awarded against Bicringer
as to Count I and Bieringer is not entitled to their patent claims 1-5, 11, 12, 14, 16 and 17 as they
correspond to Count 1.
Bieringer has raised several allegations against Glock's application claims and invites the
panel to remand the Glock application for consideration of these allegations. For example,
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Last modified: November 3, 2007