Interference 103,781
FURTHER ORDERED that, on the record before the Board of
Patent Appeals and Interferences, Junior Party KENNETH A. BARTON
and MICHAEL J. MILLER is not entitled to a patent containing
Claims 1-4, 7, and 15-22 of Barton’s U.S. Application 07/827,906,
filed January 30, 1992;
FURTHER ORDERED that Senior Party Adang’s Request For
Authorization To Address The Unpatentability Of Fischhoff’s
Claims And To Obtain Related Discovery (Paper No. 199) is DENIED;
FURTHER ORDERED THAT Fischhoff’s Motion To Suppress Evidence
(Pursuant To 37 CFR § 1.656(h))(Paper No. 248) is DISMISSED;
FURTHER ORDERED that Junior Party Fischhoff’s deferred
Preliminary Motion 5 (Paper No. 82) under 37 CFR § 1.633(a) for
judgment that Claims 1-12 of Adang’s U.S. Patent 5,380,831 are
unpatentable under 35 U.S.C. § 112, first paragraph (enablement
requirement), is DISMISSED; and
FURTHER ORDERED that Junior Party Fischhoff’s deferred
Preliminary Motion 7 (Paper No. 85) under 37 CFR § 1.633(a) for
judgment that Claims 1-12 of Adang’s U.S. Patent 5,380,831 are
unpatentable under 35 U.S.C. § 102 or § 103 is DISMISSED.
It is also
ORDERED that, if there is a settlement and it has not been
filed, attention is directed to 35 U.S.C. § 135(c) and 37 CFR
§ 1.661; and
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