Ex Parte GREEN - Page 1






                             The opinion in support of the decision being                              
                         entered today is not binding precedent of the Board.                          

                                                                           Paper 105                   
           Filed by: Trial Section Motions Panel                                                       
                     Box Interference Filed                                                            
                     Washington, D.C. 20231 May 28, 2002                   MA/LED                      
                     Tel: 703-308-9797                                                                 
                      Fax: 703-305-0942                                                                
                                                                           m4y2                        
                          UNITED STATES 8 ft                                                           
                                           PATENT AND TRADEMARK OFFICE                                 

                                                                           OF PA -r ' Opjrjcjý         
                              BEFORE THE BOARD OF PATENT APPEALS       AN[) INIrER ENTAPpe             
                                        AND INTERFERENCES                                              


                     YULUN WANG, DARRIN R. UECKER, CHARLES S. JORDAN,                                  
                 JAMES W. WRIGHT, KEITH PHILLIP LABY, and JEFF D. WILSON                               

                                           Junior Party,                                               
                                       (Patent 5,855,583),                                             

                                                 V.                                                    

                                          PHILIP S. GREEN                                              

                                           Senior Party                                                
                                    (Application 08/709,930).                                          


                                Patent Interference No. 104,645                                        


           Before SCHAFER, LEE, and MEDLEY, Administrative Patent Judges.                              

           MEDLEY, Administrative Patent Judge.                                                        

             DECISION ON GREEN PRELIMINARY MOTIONS 2, 4 AND 5 AND JUDGMENT                             

                 A. Introduction                                                                       

                 A decision on preliminary motions was entered on 30 March                             

           2002 (Paper 97). Green preliminary motions 2, 4 and 5 were                                  

           deferred. An issue to be decided in each of Green preliminary                               

           motions 2, 4, and 5 is whether certain prior art references are                             

           prior art to Wang. Wang was authorized to file evidence under 37                            










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