Interference 103,781
Before: GRON, Administrative Patent Judge,
SPIEGEL, Administrative Patent Judge, and
NAGUMO, Administrative Patent Judge
GRON, Administrative Patent Judge.
FINAL HEARING AND ORDER
1. Summary
We grant Fischhoff’s uncontested Preliminary Motion 10 to
amend Count 2 both with respect to Claims 41-43 of Fischhoff’s
involved U.S. Application 08/434,105, filed May 3, 1995, and with
respect to Claims 13-14 of Adang’s U.S. Patent 5,380,831 (FX 11).
Count 2 is ordered amended to exclude Claims 41-43 of Fischhoff’s
involved U.S. Application 08/434,105 and Claims 13-14 of Adang’s
U.S. Patent 5,380,831 (FX 11). Claims 41-43 of Fischhoff’s
involved U.S. Application 08/434,105 and Claims 13-14 of Adang’s
U.S. Patent 5,380,831 (FX 11) are designated as not corresponding
to amended Count 2.
With respect to priority of the invention of amended
Count 2, the preponderance of evidence of record establishes:
A. Senior Party Adang first reduced the invention of
amended Count 2 to practice constructively on September 9, 1988,
the filing date of Adang’s grandparent U.S. Application
07/242,482, now abandoned;
B. Junior Party Fischhoff actually reduced the invention of
amended Count 2 to practice prior to September 9, 1988;
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