SIBNER v. GILBERT - Page 1




                                                 The opinion in support of the decision being                                            
                                              entered today is not binding precedent of the Board.                                       
                                                                                                       Paper 26                         
                Filed by: Trial Section Merits Panel                                                                                     
                       Mail Stop Interference                                                                                           
                       P.O. Box 1450                                                                                                    
                       Alexandria, VA 22313-1450                                                                                        
                 Tel:  703-308-9797                                                                                                      
                 Fax:  703-305-0942                                                                                                      
                                   UNITED STATES PATENT AND TRADEMARK OFFICE                                                             
                                                          _______________                                                                
                                         BEFORE THE BOARD OF PATENT APPEALS                                                              
                                                      AND INTERFERENCES                                                                  
                                                          _______________                                                                
                                                        JEFFREY A. SIBNER                                                                
                                                             Junior Party,                                                               
                                            (Application 09/114,166; Patent 5,766,011),                                                  
                                                                   v.                                                                    
                                                       SANDRA P. GILBERT                                                                 
                                                             Senior Party,                                                               
                                                      (Application 08/955,005).                                                          
                                                          _______________                                                                
                                                   Patent Interference No. 105,037                                                       
                                                     ______________________                                                              
                Before: LEE, LANE, and MEDLEY, Administrative Patent Judges.                                                             
                MEDLEY, Administrative Patent Judge.                                                                                     
                                        MEMORANDUM OPINION AND JUDGMENT                                                                  
                        A.  Introduction                                                                                                 
                        On 13 November 2003, the board received “SIBNER RESPONSE TO ORDER TO                                             
                SHOW CAUSE” (Paper 25), in which Sibner requests that the interference be terminated                                     
                without entering judgment against either party.  Since Sibner has failed to sufficiently                                 
                demonstrate that the Gilbert subject matter and claimed invention were, at the time the invention                        






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