Interference 103,781
interference count, are unpatentable under 35 U.S.C. § 102(g)
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 the
subject matter of at least one claim of Barton’s U.S. Application
07/827,906, filed January 30, 1992, designated as corresponding
to the count;
denied 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;
ordered Interference 103,781 “redeclared as Barton
(U.S. Application 07/827,906) or Fischhoff (U.S. Application
08/434,105) v. Adang (U.S. Patent 5,380,831)” (Paper No. 148)
with the following new Count 2:
Count 2
Any one of Claims 1-4, 7, and 15-22 of Barton et al.’s
Application 07/827,906, filed January 30, 1992;
- or -
Any one of Claims 3, 5, and 39-43 of Fischhoff et al.’s
Application 08/434,105, filed May 3, 1995;
- or -
-168-
Page: Previous 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 Next
Last modified: November 3, 2007