Interference 103,781 Barton et al.: Claims 1-4, 7, and 15-22 Fischhoff et al.: Claims 3, 5, and 39-43 Adang et al.: Claims 1-14. December 12, 1996 - An administrative patent judge (APJ) entered an Order to Show Cause stating (Paper No. 11, pp. 1-2, bridging para.): In view of the common ownership by Monsanto Company of the Barton application and the Fischhoff application, the junior party Barton is ordered to show cause why judgment should not be entered against him within 30 days from the date of this order. Monsanto Company, as the assignee of both Barton and Fischhoff, may name the prior inventor in response to this order. Cf. M.P.E.P. 2302. January 17, 1997 - The APJ ordered Monsanto Company “to name the prior inventor of count 1 . . . . In the event Monsanto makes no election, judgment will be entered against junior party Barton” (Paper No. 29, p. 3). February 3, 1997 - Junior Party Barton et al. (hereafter Barton) petitioned the Commissioner under 37 CFR § 1.644(a)(1) to reverse or postpone the APJ’s January 17, 1997 order (Paper No. 35). March 26, 1997 - Barton’s February 3, 1997, petition was denied (Paper No. 38). June 19, 1997 - The Board of Patent Appeals and Interferences (Board) entered the following judgment (Paper No. 53): -11-Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 NextLast modified: November 3, 2007