Interference 103,781
period for Barton to file its preliminary statement; and
(4) add Adang’s U.S. Patents 6,015,891 and 6,013,523 to this
interference;
December 16, 2002 - Adang filed Observations Regarding
Monsanto’s Joint Comments (Paper No. 162) asking the Board to (1)
strike Fischhoff’s and Barton’s Joint Comments Concerning Adang’s
Request for Reconsideration and Responses Re: the Decision on
Motions and Requests (Paper No. 161); and (2) set a time period
for Adang to file a supplemental preliminary statement.
May 20, 2003 - An APJ entered a DECISION AND ORDER ON
PROPOSED PRELIMINARY AND MISCELLANEOUS MOTIONS AND REQUESTS
(Paper No. 164):
denying Adang’s request to require Monsanto to designate
Fischhoff or Barton as first to invent the subject matter of
Count 2 (Paper No. 154);
denying Adang’s requests for leave to file preliminary
motions under 37 CFR § 1.633(a) for judgment that all Fischhoff
and Barton claims designated as corresponding to Count 2 are
unpatentable due to common assignee Monsanto’s purported
violations of 37 CFR § 1.56 (Paper No. 154);
denying Adang’s request for leave to file a miscellaneous
motion under 37 CFR § 1.635 for additional discovery under 37 CFR
-29-
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