PACZUSKI et al v. YOUNG et al - Page 1




                                                   The opinion in support of the decision being                                               
                                               entered today is not binding precedent of the Board.                                           
                                                                                                   Paper 18                                  
                Filed by:  Judge Sally C. Medley                                                                                              
                Administrative Patent Judge                                                                                                   
                Mail Stop Interference                                                     Filed                                              
                         P.O. Box 1450                                             13 November 2003                                           
                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                                                                     
                                                            _______________                                                                   
                                                       ANDREW W. PACZUSKI                                                                     
                                                               Junior Party,                                                                  
                                                            (Patent 5,951,261),                                                               
                                                                     v.                                                                       
                                MICHAEL R. YOUNG, JOSEPH F. LOPRETE, DAVID T. MONK,                                                           
                                  PHILIP C. WAGNER, JOE T. HILL, and ROBERT B. PETERS,                                                        
                                                               Senior Party,                                                                  
                                                        (Application 09/584,183).                                                             
                                                            _______________                                                                   
                                                     Patent Interference No. 105,119                                                          
                                                            _______________                                                                   
                                           JUDGMENT PURSUANT TO 37 CFR § 1.662                                                                
                         On 10 November 2003, the Board received a paper from Paczuski requesting entry of                                    
                adverse judgment (Paper 17).  Upon consideration of Paczuski’s request for adverse judgment of                                
                its involved patent, it is                                                                                                    
                         ORDERED that judgment on priority as to Count 1 (Paper 1 at 5) is awarded against                                    
                junior party ANDREW W. PACZUSKI .                                                                                             








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