Ex Parte CARROLL - Page 1




                                              The opinion in support of the decision being                                           
                                           entered today is not binding precedent of the Board.                                      
               Filed by: Merits Panel Paper No. 83                                                                                   
                      Mail Stop INTERFERENCE                                                                                         
                      Board of Patent Appeals and Interferences                                                                      
                      United States Patent and Trademark Office                                                                      
                      P. 0. Box 1450                                                                                                 
                      Alexandria, Virginia 22313-1450                                                                                
                      Tel: 703-308-9793 Fax: 703-305-0942                                                                            
                                 UNITED STATES PATENT AND TRADEMARK OFFICE                                                           

                                       BEFORE THE BOARD OF PATENT APPEALS                                                            
                                                   AND INTERFERENCES                                                                 

                                                   FRANCIS C. CARROLL FAXED                                                          
                                                          Junior Party                                                               
                                            (Patent Nos. 5,794,367 and 6,530,162)' SEP 13 2W4                                        

                                                               V. PAT & TV. OFFICE                                                   
                                                                                            BOARD bF PATENT APPEALS                  
                                                                                                   114TEFZFERENCCS                   
                                                    FARIS W. MeMULLIN ANt)                                                           
                                                          Senior Party                                                               
                                                   (Application 09/246,325 )2                                                        


                                                Patent Interference No. 105,146                                                      

               Before FLEMING, LEE and MEDLEY, Administrative Patent Judges.                                                         
               LEE, Administrative Patent Judge.                                                                                     
                                               JUDGMENT- RULE 640                                                                    

                          Patent No. 5,794,367 was filed February 20, 1997. Patent No. 6,530,162 was filed                           
               February 23, 1998. With respect to Patent No. 6,530,162, the junior party has been accorded                           
               benefit of the earlier filing date of Patent No. 5,794,367. Junior party's real party in interest is                  
               Greenkeepers of Delaware, LLC.                                                                                        
                      2 Filed September 2, 1999. Accorded the benefit of Application 09/209,252, filed                               
               December 10, 1998, Application 08/823,901, filed March 2, 1997, and Provisional Application                           
               60/034,328, filed December 20, 1996. The real party in interest is Softspikes, LLC.                                   







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