PARCE et al. V. Yager et al. - Page 1




                                         The opinion in support of the decision being                              
                                      entered today is not binding precedent of the Board.                         
                                                                                             Paper 23              
            Filed by: Interference Trial Section Merits Panel                                                      
                   Box Interference Filed:                                                                         
                   Washington, D.C. 20231 22 January 2003                                                          
                   Tel: 703-308-9797                                                                               
                   Fax: 703-305-0942                                                                               
                             UNITED STATES PATENT AND TRADEMARK OFFICE                                             

                                  BEFORE THE BOARD OF PATENT APPEALS                                               
                                             AND INTERFERENCES                                                     
                                                                                       F "ý AAAED'Ir                    
                                   JOHN W. PARCE, and ANNE R. KOPF-SILL                                            
                                                   Junior Party JAR 2 9, '?LR"3                                    
                                              (U.S. Patent 5,869,004),                                             
                                                                                       Pa. &. OFFiCE               
                                                        V. GOM"00V PX`.ýVIT A7PEALS                                
                                                                                      AND gITERVERLNCES            
                               PAUL YAGER, JAMES P. BRODY, MARK R. HOLL,                                           
                                  FRED K. FORSTER and PAUL C. GALAMBOS                                             
                                                   Senior Party                                                    
                                             (Application 09/500,398).                                             

                                          Patent Interference No. 104,811                                          

            Before: SCHAFER, LEE and TORCZON, Administrative Patent Judges.                                        
            SCHAFER, Administrative Patent Judg                                                                    
                                  JUDGMENT PURSUANT TO 37 CFR § 1.662                                              
                   Senior party Yager has expressly abandoned involved Application, 09/500,398. See Paper          
            22. Pursuant to 37 CFR § 1.662(a), the abandonment of an involved application is treated as a          
            request for entry of an adverse judgment. Accordingly, it is                                           
                   ORDERED that judgment on priority as to the subject matter of Count I (Paper 1, p. 5), is       
            awarded against the senior party, PAUL YAGER, JAMES P. BRODY, MARK R. HOLL, FRED K.                    
            FORSTER and PAUL C. GALAMBOS;                                                                          









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