Interference 103,781
first to invent the subject matter defined by Count 2 under
37 CFR § 1.78(c); or
declare separate interferences, i.e., Fischhoff v. Adang and
Barton v. Adang;
II. asking the Board for leave to file preliminary
motions under 37 CFR § 1.633(a) for judgment that:
Barton is not entitled to a patent containing Barton’s
claims designated as corresponding to Count 2 in view of
Monsanto’s alleged violation of 37 CFR § 1.56; and
Fischhoff is not entitled to a patent containing Fischhoff’s
claims designated as corresponding to Count 2 in view of
Monsanto’s alleged violation of 37 CFR § 1.56;
III. asking the Board for leave to file a
miscellaneous motion under 37 CFR § 1.635 for additional
discovery under 37 CFR § 1.687(c) relating to Monsanto’s alleged
violation of 37 CFR § 1.56;
IV. asking the Board for leave to file a preliminary
motion under 37 CFR § 1.633(a) for judgment that Barton’s
Claims 21 and 22 are unpatentable under 35 U.S.C. § 112, first
paragraph (written description requirement);
V. asking the Board for leave to file a preliminary
motion under 37 CFR § 1.633(a) for judgment that Fischhoff’s
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Last modified: November 3, 2007