HERZOG et al. V. SARLES et al. - Page 1




                    THIS OPINION WAS NOT WRITTEN FOR PUBLICATION                      
                      and is not binding precedent of the Board                       

          Paper No.                                                                   
          46                                                                          
          Filed by:  Trial Section Merits Panel                                       
          Box Interference                                                            
          Washington, D.C.  20231                                                     
          Tel:  703-308-9797                                                          
          Fax:  703-305-0942                                                          
                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                   _______________                                    
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                   
                                   _______________                                    
                        KENNETH J. HERZOG and WILLIAM SARLES                          
                                    Junior Party,                                     
                              (Application 09/138,159),                               
                                         v.                                           
                  FREDERICK WILLIAMS SARLES and DOUGLAS A. JOHNSON                    
                                    Senior Party                                      
                              (Application 08/964,572)                                
                                   _______________                                    
                           Patent Interference No. 104,514                            
                                   _______________                                    
          Before SCHAFER, LEE, and MEDLEY, Administrative Patent Judges.              
          MEDLEY, Administrative Patent Judge.                                        
                           MEMORANDUM OPINION AND JUDGMENT                            
          A.   Introduction                                                           
               This interference was declared on March 29, 2000.  Sarles              
          originally represented that the real party in interest of its               
          involved application was WRD Corporation.  (Paper 6).  Herzog               







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