Interference No. 105,019
Correa v. Roberts
Discussion
A. Correa's Preliminary Motion I
By this preliminary motion, Correa seeks to be accorded the benefit of the filing date of its
Brazilian priority application PI 9204863-3, filed November 25, 1992. This preliminary motion is
not opposed.
We note that in the Notice Declaring Interference, senior party Roberts was accorded the
benefit of EPO Application 92870052.5, filed March 31, 1992. That accorded benefit date of
senior party Roberts has not been attacked by junior party Correa. Note alsothatin its
preliminary statement junior party Correa states:
Junior party Correa does not intend to present evidence to prove a
conception or actual reduction to practice and intends to rely solely on the filing
date of Brazilian application No. 9204863, filed November 25, 1992, to prove a
constructive reduction to practice of the invention of Count 1.
Even if this preliminary motion is granted, junior party Correa would remain as the junior
party because party Roberts has an even earlier accorded benefit date. Moreover, because junior
party Correa has not alleged a date of invention or conception prior to the March 31, 1992 benefit
date of senior party Roberts, it is not necessary to decide whether party Correa is entitled to be
accorded the benefit of the November 25, 1992 filing date of its Brazilian priority application,
which is still subsequent to Roberts' accorded benefit date of March 31, 1992.
Based on the foregoing, Correa's Preliminary Motion I is dismissed.
- 5 -
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: November 3, 2007