SULLIVAN et al. V. BINGEL et al. V. Sullivan et al. - Page 1




                                            The opinion in support of the decision being                                   
                                         entered today is not binding precedent of the Board.                              
                                                                                        Paper No. 73                       
             Filed by: Trial Section Motions Panel                                                                         
                      Box Interference Filed: December 23, 2002                                                            
                      Washington, D.C. 20231                                                                               
                      Tel: 703-308-9797                                                                                    
                      Fax: 703-305-0942                                                                                    
                                UNITED STATES PATENT AND TRADEMARK OFFICE                                                  

                                     BEFORE THE BOARD OF PATENT APPEALS                                                    
                                                 AND INTERFERENCES FAXED                                                   

                                                JEFFREY M. SULLIVAN, PEC 2 3 m2                                            
                                            and DANIEL ANTHONY GATELY                                                      
                                                                                            PAT & TU. OFF-ICE              
                                                       Junior Party, BOARD OF PATENT APPEALS                               
                                          (U.S. Patents 6,015,916 and 6,455,719), ANDINTERFERENCCS                         
                                                             V.                                                            
                                                   CARSTEN BINGEL,                                                         
                                   BERTHOLD SCHIEMENZ, and MARKUS GORES                                                    

                                                       Senior Party,                                                       
                                                 (Application 09/508,057).                                                 

                                          Patent Interference No. 104,818 (MPT)                                            

             Before: SCHAFER, TORCZON and TIERNEY, Administrative Patent Judges.                                           
             TIERNEY, Administrative Patent Judge.                                                                         

                                   FINAL JUDGMENT AND RECOMMENDATION                                                       
                                      (Pursuant to 37 CFR § 1.662(a) and § 1.659(c))                                       
             1. Judgment on Priority                                                                                       
                     Sullivan was Ordered to Show Cause "why judgement on priority should not be entered                   
             against Sullivan." (Order to Show Cause, Paper No. 62). In response to this Order, Sullivan                   








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