DK 1226/86. In its Preliminary Statement, Boel states that it will rely upon its accorded benefit
date of March 17, 1986 during the priority stage as to both Counts 1 & 2. Paper 45, ¶ 4. Berka’s
accorded priority benefit date as to Counts 1 and 2 of the interference is August 29, 1985, the
filing date of U.S. Patent Application 06/771,374. Based on the evidence of record, Boel cannot
prevail on the question of priority of invention as against Berka.
Accordingly, it is:
ORDERED that judgment on priority as to Counts 1 and 2 (Paper 54 at 5) is awarded
against junior party ESPER BOEL, TOVE CHRISTENSEN and HELLE F. WOLDIKE.
FURTHER ORDERED that junior party ESPER BOEL, TOVE CHRISTENSEN and
HELLE F. WOLDIKE is not entitled to a patent containing claims 34-55 of application
08/435,557.
FURTHER ORDERED that a copy of this paper shall be made of record in the files of
U.S. Application 08/435,557 and U.S. Patent Nos. 5,364,770 and 5,578,463.
FURTHER ORDERED that if there is a settlement agreement, attention is directed to
35 U.S.C. § 135(c) and 37 CFR § 41.205.
/ss/ William F. Smith )
WILLIAM F. SMITH )
Administrative Patent Judge )))
/ss/ Sally Gardner Lane )BOARD OF
SALLY GARDNER LANE ) PATENT APPEALS
Administrative Patent Judge ) AND
) INTERFERENCES
)
/ss/ Linda R. Poteate )
LINDA R. POTEATE )
Administrative Patent Judge )
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