Interference 103,781
subject matter by excluding Adang’s Claims 2, 3, 5-7, 9, 10, 13,
and 14 from Count 2;
VII. asking the Board for leave to file a renewed or
amended miscellaneous motion under 37 CFR § 1.635 for additional
discovery under 37 CFR § 1.687(c) relating to derivation of
invention; and
VIII. asking the Board to refrain from adding
Mycogen’s U.S. Patents 6,013,523 and 6,015,891 to this
interference.
November 29, 2002 - Fischhoff and Barton filed Joint
Comments Requesting Addition of Adang Patents to Interference
(Paper No. 157):
I. asking the Board to exercise discretion under
37 CFR § 1.642 and:
a. add Adang et al., U.S. Patent 6,015,891 (Adang
‘891), issued January 18, 2000, to this interference, and
designate Claims 1-6 thereof as corresponding to Count 2;
b. add Adang et al., U.S. Patent 6,013,523 (Adang
‘523), issued January 11, 2000, to this interference, and
designate Claims 1-4 thereof as corresponding to Count 2; and
c. grant Fischhoff and/or Barton leave to brief
for final hearing issues relating to the patentability of
Claims 1-6 of Adang’s ‘891 patent and Claims 1-4 of Adang’s ‘523
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