Interference 103,781
the interference count. When the interference was redeclared,
the APJ ordered the parties to the interference to specify what
preliminary motions needed to be filed and explain why. Adang,
which had recently retained new counsel, did not renew its
previously filed request for judgment as to the patentability of
Fischhoff’s claims corresponding to the count under 35 U.S.C.
§ 102(g)/103 in view of Junior Party Barton’s invention or
discovery. In due course, Monsanto elected Fischhoff as first to
invent the subject matter of the count. Thereafter, Adang sought
leave to renew its previously filed request for judgment and
discovery, to file a new request for judgment and discovery, or
to remand to the primary examiner. The APJ denied Adang's new
request. Consideration of the complete record, as opposed to
Adang's abbreviated summary, yields no evidence supporting
Adang's story of abuse of discretion.
D. Background
November 7, 1996 - Interference 103,781 was initially
declared essentially as follows (Paper No. 2):
JUNIOR PARTY APPLICATION
Named Inventors: Kenneth A. Barton and Michael J. Miller
Application: Application 07/827,906, filed
January 30, 1992
Title: Improved Expression of Genes in Plants
-158-
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