Jazowski et al vs. Stepniak et al - Page 1




                                             The opinion in support of the decision being                                      
                                          entered today is not binding precedent of the Board.                                 
                                                                                                Paper 80                      
              Filed by: Trial Section Merits Panel                                                                             
                      Mail Stop Interference                                                                                   
                     P.O. Box 1450                                       Filed: 15 June 2004                                  
                     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                                                            
                                                      _______________                                                          
                                     ROY E. JAZOWSKI and EDWARD H. DECKER,                                                     
                                                         Junior Party,                                                         
                                                  (Application 09/730,476),                                                    
                                                              v.                                                               
                                     FRANK M. STEPNIAK and LARRY N. SIEBENS,                                                   
                                                         Senior Party,                                                         
                                                      (Patent 6,168,447).                                                      
                                                      _______________                                                          
                                               Patent Interference No. 105,087                                                 
                                                      _______________                                                          
              Before MARTIN, LEE, and MEDLEY, Administrative Patent Judges.                                                    
              MEDLEY, Administrative Patent Judge.                                                                             
                                                  JUDGMENT-RULE 662                                                            
                      Based on our decision on preliminary motions, Stepniak was granted priority benefit of its               
              5,957,712 patent with respect to Substitute Count 1 (Paper 75 at 27)1.  In its opposition 2 at 6-7,              


                      1  The time for filing a request for reconsideration of the decision on preliminary motions,             
              our Decision of Stepniak’s response to the Rule 641 Order, or this judgment, commences with                      
              the date of this paper.                                                                                          





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