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




                                           ne opinion in support of the decision being                                     
                                        entered today is not binding precedent of the Board.                               
                                                                                                   Paper 24                
            Filed by: Interference Trial Section Merits Panel                                                              
                    Box Interference Filed:                                                                                
                    Wasbington, 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                                                           

                                       JOHN W. PARCE, ANNE R. KOPF-SILL FAXED                                              
                                                 and LUC J. BOUSSE                                                         
                                                      Junior Party, 2 2 2UOýUj                                             
                                                   (Patent 5,942,443),                                                     
                                                                                         p xy. & -t. 0 F F i C E           
                                                           V.                                                              
                                         BERNHARD WEIGL, PAUL YAGER,                                                       
                                          JAMES BRODY and MARK HOLL                                                        
                                                      Senior Party                                                         
                                               (Application 09/644,192).                                                   

                                            Patent Interference No. 104,815                                                

            Before: SCHAFER, LEE and TORCZON, Administrative Patent Judges.                                                
            SCHAFER, Administrative Patent Judge                                                                           
                                    JUDGMENT PURSUANT TO 37 CFR § 1.662                                                    
                    Senior party Weigl has expressly abandoned involved Application, 09/644,192. 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 (Paperlp.5),is                   
            awarded against the senior party, BERNHARD WEIGL, PAUL YAGER, JAMES BRODY and                                  
            MARK HOLL;                                                                                                     








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