Interference 103,781
over at least one claim of Barton’s U.S. Application 07/827,906,
filed January 30, 1992, designated as corresponding to the count,
or under 35 U.S.C. § 103 in view of prior art including at least
one claim of Barton’s U.S. Application 07/827,906, filed
January 30, 1992, designated as corresponding to the count.
Adang’s motion had presumed that, as between Fischhoff and
Barton, Barton had been determined to be, or Monsanto Technology
LLC (Monsanto), the assignee of Fischhoff’s and Barton’s involved
applications, had designated Barton as, first to invent the
subject matter defined by Count 1.
denying Adang’s contingent request (Paper No. 47) for
permission to seek deposition and documentary discovery relevant
to Monsanto’s presumed determination and/or election, as between
Fischhoff and Barton, of Barton as first to invent the subject
matter defined by the count;
dismissing Fischhoff’s request (Paper No. 78) that the APJ
exercise its discretion under 37 CFR § 1.642 to add commonly
assigned Adang et al., U.S. Patent 5,567,600 (Fischhoff
Exhibit 37 (FX 37)), issued October 22, 1996, to this
interference, designate all twenty-four claims thereof as
corresponding to the count, and set an additional preliminary
motion period for the parties to file motions relative to the
newly added patent;
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