Ex Parte SINK - Page 1







                      Interference No. 104,049                                                                                                                                              


                                           The opinion in support of the decision being entered today was not written                                                                       
                                                      for publication and is not binding precedent of the Board.                                                                            


                                                                                                                                                Paper No. 57                                


                                                UNITED STATES PATENT AND TRADEMARK OFFICE                                                                                                   


                                                        BEFORE THE BOARD OF PATENT APPEALS                                                                                                  
                                                                         AND INTERFERENCES                                                                                                  
                                                                                                                                            MAILED'                                         

                                                                             RONALD A. SINK                                                                                                 
                                                                                  Junior Party, MAP                                                                                         
                                                                                           V.                                                                                               
                                                                                                                                             PAT, & TM. OFFICE                              
                                                                                                                                       BOARD OF PATENTAPPEALS                               
                                                          RUSSELL SCOTT and JOHN E. TIFFANY AND PITERFEnENCEg                                                                               
                                                                                  Senior Party.                                                                                             



                                                                    Patent Interference No. 104,049                                                                                         


                     Before CAROFF, METZ AND HANLON, Administrative Patent Judizes.                                                                                                         
                     CAROFF, Administrative Patent Judge.                                                                                                                                   



                                                       JUDGMENT PURSUANT TO 37 CFR ý 1.640(e)                                                                                               

                                An order to show cause (Paper No. 53) was issued in this interference on Feb. 14, 2003,                                                                     

                     pursuant to the provisions of 37 CFR § 1.640(d)(3), based on the fact that junior party Sink                                                                           

                     alleged no date in its preliminary statement prior to the effective filing date accorded to Scott et                                                                   

                     at., the senior party                                                                                                                                                  

                                Sink filed a timely response and a motion for testimony under 37 CFR § 1.635 (Paper No.                                                                     


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