Interference 103,781
August 8, 2003 - Adang filed Adang’s Notice Under 37 CFR
§ 1.640(b) for review of the following at final hearing (Paper
No. 219):
1. Issues relating to priority of invention between the
parties to this interference;
2. September 4, 2002, Order and Decision on Motions (Paper
No. 148);
3. May 20, 2003, Order and Decision on Motions;
4. June 18, 2003, Decision on Adang’s Request for
Reconsideration;
5. July 29, 2003, Decision on Adang’s Requests for
Immediate Entry Of Judgment Against Barton and For
Authorization to Address the Unpatentability of
Fischhoff’s Claims and to Obtain Related Discovery
(Paper No. 212); and
6. Any decisions or matters raised sua sponte with respect
to Adang’s Case-in-Rebuttal which are entered after the
filing of this notice.
E. Facts
The record shows that, after redeclaring the interference
with Barton again designated as a junior party to the
interference in accordance with the Federal Circuit’s decision,
the APJ ordered Adang to specify what preliminary motions need be
filed and explain why they were necessary (Paper No. 148).
Although accorded the opportunity to respond, Adang did not
indicate, or explain why, a new or renewed preliminary motion
under 37 CFR § 1.633(a) for judgment under 35 U.S.C. § 102(g)/103
in view of the “possible” prior invention thereof by Barton and
request for discovery was necessary (Paper No. 154). Adang had
-175-
Page: Previous 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 Next
Last modified: November 3, 2007