The opinion in support of the decision being
entered today is not binding precedent of the Board.
Paper 31
Filed by: Interference Trial Section Merits Panel
Box Interference Filed:
Washington, D.C. 20231 26 February 2002
Tel: 703-308-9797
Fax: 703-305-0942
UNITED STATES PATENT AND TRADEMARK OFFICE
FAXED
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES FEB 2 6 2002
IRA SANDERS and CHRISTOPHER M. SHAARI, PAT. & TPA. OFFICE
BOARD OF PATENT APMALS
AND INTERFERENCES
Junior Party,
(Patent 5,766,605),
V.
K. ROGER AOKI, MICHAEL W. GRAYSTON,
STEVEN R CARLSON and JUDITH M. LEON,
Senior Party,
(Application 08/627,118).
Patent Interference No. 104,688
Before: SCHAFER, LEE and TIERNEY, Administrative Patent Judges.
SCHAFER, Administrative Patent Judge.
JUDGMENT UNDER 37 CFR § 1.662(a)
Contingent on the Grant of the parties' Joint Preliminary Motion 1, Sanders has conceded
priority as to the subject matter of Count 2. Paper 17. Also contingent on the granting of Joint
Preliminary Motion 1, Aoki concedes priority as to the subject matter of Count 3. Paper 18. Joint
Preliminary Motion I was granted. Paper 29. Accordingly, the concessions of priority are construed
as a request for entry of adverse judgment under 3 7 CFR § 1.667(a). Accordingly, it is--
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