Interference No. 105,086
Page No. 3
Bieringer requests that the Examiner consider "Motion Pursuant to 37 C.F.R. 1.633(a): Invalidity
of claims 2-4 and 10-19 of U.S. Application Serial No. 09/068,877 under 35 U.S.C. § 112, first
paragraph, for lack of enablement." (Paper No. 20).
This interference is being terminated at a very early stage in the proceedings.
Specifically, no preliminary motions have been filed and there are no motions pursuant to 37
C.F.R. 1.633(a) for the Examiner to consider. As no such motions were filed, Bieringer's
patentability issues remain mere allegations on this record. No recommendation is made
regarding Bieringer's "potential" motions. As always, however, the Examiner is to thoroughly
examine the patentability of Glock's claims upon the return of the application from the Board.
Upon consideration of the record, it is:
ORDERED that judgment on priority as to Count I (Notice Declaring Interference,
Paper No. 1, page 5), is awarded against Junior Party Bieringer et al.
FURTHER ORDERED that Junior Party Bieringer et al. is not entitled to a patent
containing claims 1-5, 11, 12, 14, 16 and 17 of U.S. Patent No. 6,124,240.
FURTHER ORDERED that a copy of this final decision shall be placed and given a
paper number in the file of Glock, U.S. Application No. 09/068,877 and Bieringer et al., U.S.
Patent No. 6,124,240.
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