37 CFR 41.202(d)(1) requires an applicant seeking an interference with a patent or published application that has an earlier claimed priority date to "show [in its suggestion of interference] why it would prevail on priority," at least as against the patent's or published application's earliest constructive reduction to practice. Ordinarily that showing is made as a part of the 37 CFR 41.202(a) suggestion of interference.
Charles L. Gholz is a partner with Oblon, Spivak, McClelland, Maier & Neustadt, in Alexandria, Virginia specializing in litigation, particularly patent interferences. Mr. Gholz graduated from Columbia Law School in 1968 and received a Master's degree in Patent and Trade Regulation Law from George Washington University Law School in 1973. He holds undergraduate degrees in Mechanical Engineering and Economics from the Massachusetts Institute of Technology.
Mr. Gholz served as a law clerk to the Honorable Giles S. Rich of the United States Court of Customs and Patent Appeals (1970-1972). He co-authored Court of Appeals for the Federal Circuit: Practice and Procedure (LexisNexis) and Patent Practice (Patent Resources Institute). He has written and lectured widely on patent and intellectual property law, and he was an adjunct professor of patent law at George Mason University Law School. He has also appeared as an expert witness in patent litigation.
Mr. Gholz is a member of the advisory board of the Patent, Trademark, and Copyright Journal. He was president of the Association of Former Court of Customs and Patent Appeals Law Clerks and Technical Advisors (1978-79); he was vice-chairman of the Patent, Copyright, and Trademark Section of the District of Columbia Bar Association (1985-86); he was chairman of the Interference Committee of the AIPLA (1988-90); and he was chairman of the Amicus Committee of the AIPLA (1994-96). Mr. Gholz can be reached at 703-412-6485 or email@example.com.
Ryan D. Fabre is a student at The George Washington University Law School, J.D. expected in May 2012. His direct telephone number during the school year is 202/643-2264, and his email address during the school year is firstname.lastname@example.org.
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