Ex Parte HERSHBERGER - Page 1








                             THIS OPINION WAS NOT WRITTEN FOR PUBLICATION                            

            The opinion in support of the decision being entered today (1) was not written           
            for publication in a law journal and (2) is not binding precedent of the                 
            Board.                                                                                   

            Filed by: Trial Section Merits Panel Paper 83                                            
                      Box Interference                                                               
                      Washington, D.C. 202311                                                        
                      Tel: 703-308-9797                                                              
                      Fax: 703-305-0942                                                              

                          UNITED STATES PATENT AND TRADEMARK OFFICE                                  


                              BEFORE THE BOARD OF PATENT APPEALS                                     
                                        AND INTERFERENCES                                            


                                        JAMES ROBERT BREWER                                          
                                            Junior Party                                             
                                                                       Ida 2 Pop.,                   
                                        (Patent 5,735,346),                                          

                                                 V. C.C)4RPýAT 8'rra oeýFJCE                         
                                                                       1ý OF PATýPfy lippl.:ALS      
                                                                     ANAltmahý.                      
                                      MICHAEL D. HERSHBERGER                                         

                                            Senior Party                                             
                                    (Application 09/179,143).                                        


                                Patent Interference No. 104,575                                      


            Before SPIEGEL, GARDNER-LANE and MEDLEY, Administrative Patent                           
            Judges.                                                                                  

            MEDLEY, Administrative Patent Judge.                                                     

                              JUDGMENT PURSUANT TO 37 CFR S 1.662                                    

                  On January 14, 2002, the board received from Brewer a paper                        

            entitled "NOTICE UNDER 37 CFR 1.602(c); CONCESSION OF PRIORITY;                          

            AND REQUEST FOR ADVERSE JUDGMENT" (Paper 81).                                            

                  Upon consideration of Brewer request for adverse judgment                          














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