Parker v. Frilette

with whom Rosenstein, Judge, joins.

I agree with the conclusion reached in part III of the majority opinion, but I disagree with the conclusions reached in parts I and II. I would, therefore, remand this case to the Board of Patent Interferences to permit consideration of Frilette’s proof concerning activities asserted to constitute reductions to practice of subject matter within the counts prior to Parker’s filing date but subsequent to the dates which the majority accords them.

I. Frilette’s Asserted Reduction to Practice of Subject Matter Within Counts 6-8

The question here, to my way of…