Goodchild has filed a paper conceding priority of the subject matter of Count 2,
the sole count of the interference, to Cohen. (Paper 131 at 2). Goodchild’s concession
of priority is construed to be a request for adverse judgment. Bd.R. 127(b)(3).
Motion for authorization to file a request for a certificate of correction
Cohen has filed a motion requesting to seek a certificate of correction under 35
USC § 255 in one of its involved patents, i.e., the 5,286,717 (“‘717") patent. (Cohen
Motion 7; Paper 119). Its seems that Cohen wishes to make a correction in some of
the ‘717 claims in response to indefiniteness issues raised in an Order from the Board.3
The motion was deferred to final hearing. (Paper 124 at 86).
Goodchild filed an opposition to the Cohen motion. During a conference call on
4
24 March 2005 , Goodchild requested that it be permitted to withdraw the opposition.
Goodchild’s request is GRANTED.
Deferred motions
Certain Goodchild motions and certain Cohen motions was deferred to final
hearing. (Paper 124 at 84-85). During the conference call held on 24 March 2005,
3
In its decision on preliminary motions, the Board noted that “claims 3-6 of
the ‘717 patent are vague and indefinite in the recitation of ‘the foreign nucleic acid.’
We point out that there is no proper antecedent basis for this term. Thus, it appears
that these claims are unpatentable under the second paragraph of 35 U.S.C. § 112.”
(Paper 104 at 111).
4
Participating in the call were Sally Gardner Lane, Administrative Patent
Judge, Michael Sofocleous representing Goodchild, and Guy Chambers and Steven
Parmelee representing Cohen.
2
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Last modified: November 3, 2007