ne opinion in support of the decision being
entered today is not binding precedent of the Board.
Paper 27
Filed by: Michael P. Tierney
Administrative Patent Judge
Box Interference Filed
Washington, D.C. 20231 26 August 2002
Tel: 703-308-9797
Fax: 703-305-0942
UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
FAXED
ROGER L. DAY
Junior Party AVG 2 6 2002
(U.S. Application 08/741,456),
PAT. & UL OFFICE
V. BOARD or PATENT APPEALS
ANDINTERFERENCES
DAVID A. LARSEN
Senior Party,
(U.S. Patents 5,716,419 & 6,042,622).
Patent Interference No. 104,805
Before: GARDNER-LANE, MEDLEY and TIERNEY, Administrative Patent Judges.
TIERNEY, Administrative Patent Judge.
JUDGMENT
The involved Larsen patents have been assigned to White River Nabcolite Materials,
LLC, the assignee of the involved Day application. As discussed in Paper No. 23, dated June 25,
2002, the Board will not normally maintain an interference where the involved application(s) and
patent(s) are commonly assigned. See, 37 C.F.R. § 1.602(a). In response to an Order to Show
Cause, Day and Larsen have confirmed the assignment of the Larsen patents and have attempted
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