WOODNORTH et al. V. Wakat - Page 1




                                                  The opinion in support of the decision being                                              
                                               entered today is not binding precedent of the Board.                                         
                                                                              Paper 36                                                      
                Filed by: Interference Trial Section Merits Panel                                                                           
                Box Interference                                                                  Filed:                                    
                Washington, D.C.  20231                                                   6 June 2002                                       
                Tel:  703-308-9797                                                                                                          
                Fax:  703-305-0942                                                                                                          
                                    UNITED STATES PATENT AND TRADEMARK OFFICE                                                               
                                                           _______________                                                                  
                                          BEFORE THE BOARD OF PATENT APPEALS                                                                
                                                       AND INTERFERENCES                                                                    
                                                           _______________                                                                  
                                     BRIAN E. WOODNORTH and KENNETH L. SHEHOW,                                                              
                                                              Junior Party,                                                                 
                                                           (Patent 5,966,772),                                                              
                                                                    v.                                                                      
                                                         GEORGE H. WAKAT,                                                                   
                                                              Senior Party,                                                                 
                                                       (Application 09/560,172).                                                            
                                                           _______________                                                                  
                                                    Patent Interference No. 104,660                                                         
                                                           _______________                                                                  

                Before:  SCHAFER, SPIEGEL and GARDNER-LANE,  Administrative Patent Judges.                                                  
                SCHAFER, Administrative Patent Judge.                                                                                       
                                                              JUDGMENT                                                                      
                        This interference was declared with the following count:                                                            
                                Claim 1 of Woodnorth Patent 5,996,772 or Claim 28 of Wakat application                                      
                                09/560,172.                                                                                                 
                Woodnorth Claims 1-26 and Wakat Claims 20-22, 24-39 were designated as corresponding to the                                 
                count. Paper 1, p. 5.  The parties filed preliminary motions and an oral hearing was held on                                
                November 30, 2001.  A decision on preliminary motions (Paper 32) held that all of Wakat’s involved                          






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