Interference 103,781
Claims 1-12 of U.S. Patent 5,380,831, which issued January 10,
1995; and (3) Junior Party Barton is not entitled to a patent for
Claims 1-4, 7, and 15-22 of U.S. Application 07/827,906, filed
January 30, 1992.
Furthermore, the findings and conclusions in Monsanto Co. v.
Mycogen Plant Science, Inc., 261 F.3d 1356, 59 USPQ2d 1930 (Fed.
Cir. 2001): (1) relate to the patentability of Claims 7-9 and 12
of Monsanto’s non-involved U.S. Patent 5,500,365 under 35 U.S.C.
§ 102(g) in light of Barton’s evidence of prior invention
thereof; (2) do not support a conclusion that the patentability
of Claims 3, 5, and 39-40 of Fischhoff’s presently involved U.S.
Application 08/434,105, filed May 3, 1995, which stand designated
as corresponding to amended Count 2 of this interference, should
be rejected under 35 U.S.C. § 102(g); and (3) do not support a
haphazard request for Barton to disclose all information
detrimental to the patentability of Fischhoff’s claims under
35 U.S.C. § 102(g).
2. Background
September 26, 1983 - Michael J. Adang and John D. Kemp filed
U.S. Application 06/535,354, entitled “Insect Resistant Plants”
(assignment to Agrigenetics Research Associates Ltd. recorded
September 20, 1983; assignment to Lubrizol Genetics Inc. recorded
May 29, 1986), now abandoned.
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