Interference No. 105,217
upon the Decision on Preliminary Motions (Paper No. 110), Hammond has an earliest accorded
constructive reduction to practice date of June 17, 1995, whereas Leiden has an earliest accorded
constructive reduction to practice date of November 18, 1997.
Leiden timely filed its response to the order to show cause on July 29, 2005. Leiden's
response is as follows:
In response to the Order, Party Leiden requests that the Board make its Decision
final.
(Paper No. 114, p. 2).
Upon consideration of the record, it is:
ORDERED that Junior Party Leiden '683 claims 29, 30, 32-47 and 62 are held
unpatentable over prior art. (Decision on Preliminary Motions, Paper No. 110).
FURTHER ORDERED that judgment on priority as to Count I (Notice
Declaring Interference, Paper No. 1), the sole count in the interference, is awarded against
Junior Party Leiden.
FURTHER ORDERED that Junior Party Leiden is not entitled to a patent
containing claims 29, 30 and 32-62 of U.S. Patent Application 09/371,683, which correspond to
Count I (Paper No, 1).
FURTHER ORDERED that Leiden Substantive Motion 2, requesting that
Hammond '453 claims 29-31, 38-40, Hammond '242 claims 6, 21-23, 35, 50, 51, 53, 63, 78-81
and 86-110 and Hammond '871 claim 17 be designated as corresponding to Count 1 is dismissed
as moot.
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