Interference 103,781
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); and set a time period for Barton to
file its 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
§ 1.687(c) relating to Monsanto’s purported violation of 37 CFR
§ 1.56 (Paper No. 154);
granting Adang’s request for leave to file a preliminary
motion under 37 CFR § 1.633(a) for judgment that Claims 21 and 22
of Barton’s Application 07/827,906, filed January 30, 1992, are
-172-
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