Interference 103,781
patent under 35 U.S.C. §§ 102, 103, and 112, which had been
raised in preliminary motions with respect to claims of Adang’s
involved U.S. Patent 5,380,831, issued January 10, 1995,
designated as corresponding to Count 2 and deferred to final
hearing (Paper No. 148); and
II. expressing no desire to file any new preliminary
motions.
December 5, 2002 - Adang filed a Request to Strike Monsanto
Motion or Set Period for Response Thereto (Paper No. 160) asking
the Board alternatively to (1) strike Fischhoff and Barton’s
Joint Comments Requesting Addition of Adang Patents to
Interference (Paper No. 157); or (2) set a period for Adang to
respond to Fischhoff’s and Barton’s Joint Comments Requesting
Addition of Adang Patents to Interference (Paper No. 157).
December 9, 2002 - Fischhoff and Barton filed Joint Comments
Concerning Adang’s Request for Reconsideration and Responses Re:
the Decision on Motions and Requests (Paper No. 161) asking the
Board to (1) dismiss Adang’s request for reconsideration;
(2) deny Adang’s requests for leave to file every new preliminary
motion it proposes to file but for Adang’s request for leave to
file a motion under 37 CFR § 1.633(a) to declare Barton’s
Claims 21 and 22 unpatentable under 35 U.S.C. § 112, first
paragraph (written description requirement); (3) set a time
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