JURGENSON et al. V. DUNFIELD et al. - Page 1



                     THIS OPINION WAS NOT WRITTEN FOR PUBLICATION                     
                      and is not binding precedent of the Board                       
          Paper No. 92                                                                
          Filed by:  Trial Section Motions 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                                   
                                   _______________                                    
                         RYAN A. JURGENSON and LLOYD C. GOSS                          
                                    Junior Party                                      
                                 (Patent 5,657,188),                                  
                                         v.                                           
                     JOHN CHARLES DUNFIELD and GUNTER KARL HEINE                      
                                    Senior Party                                      
                              (Application 09/160,593).                               
                                   _______________                                    
                           Patent Interference No. 104,530                            
                                   _______________                                    
          Before LEE, SPIEGEL and MEDLEY, Administrative Patent Judges.               
          MEDLEY, Administrative Patent Judge.                                        
                     DECISION ON PRELIMINARY MOTIONS AND JUDGMENT                     
               A.   Introduction                                                      
               This interference was declared on 30 May 2000.  A hearing on           
          preliminary motions was held on 20 April 2001.  Jurgenson has               
          filed a preliminary motion 1 under 37 CFR § 1.633(a) for judgment           
          against Dunfield on the ground that Dunfield involved claims 40             





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