THIS DOCUMENT WAS NOT WRITTEN FOR PUBLICATION
AND IS NOT BINDING PRECEDENT OF THE BOARD
Filed by: Trial Section Merits Panel Paper No. 42
Mail Stop INTERFERENCE
Board of Patent Appeals and Interferences Filed:
United States Patent and Trademark Office 24 March 2005
P.O. Box 1450
Alexandria, Virginia 22313-1450
Tel: 703-308-9797 Fax: 703-305-0942
UNITED STATES PATENT AND TRADEMARK OFFICE
_______________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
_______________
JAMES S. MAGDYCH, TARIK RAHMANOVIC,
JOHN R. McDONALD, BROCK E. TELLIER,
ANTHONY C. OSBORNE and NISHAD P. HERATH
Junior Party
(Patent 6,513,122)1
v.
SUSAN PITTMAN DARK
Senior Party
(Application 09/572,112)2
_______________
Patent Interference No. 105,271
_______________
Before LEE, TORCZON and MEDLEY, Administrative Patent Judge.
LEE, Administrative Patent Judge.
Judgment – Bd. Rule 127(b)
Junior party Magdych has filed a paper conceding priority to senior party Dark (Paper No.
39). Senior party Dark has filed a paper withdrawing its Motions 1 and 2 alleging unpatentability
of Magdych’s claims corresponding to the count. What remains pending is junior party
Magdych’s Substitute Substantive Motion 1 alleging the unpatentability of senior party’s claims.
1
Based on Application 09/895,500, filed June 29, 2001. The real party in interest is Network Associates
Technlogy, Inc.
2
Filed May 17, 2000. The real party in interest is Deep Nines, Inc.
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Last modified: November 3, 2007