Chapman et al v. Rhoads - Page 1




                                                       The opinion in support of the decision being                                                       
                                                   entered today is not binding precedent of the Board.                                                   
                                                                                                           Paper No. 145                                 
                  Filed by: Merits Panel                                                                                                                  
                           Interference Trial Section                                                                                                     
                          Mail Stop  Interference                                                          Filed                                         
                          P. O.  Box 1450                                                                  May 4, 2005                                   
                           Alexandria, VA 22313-1450                                                                                                      
                  Tel: 571-272-9797                                                                                                                       
                  Fax: 571-273-0042                                                                                                                       
                                        UNITED STATES PATENT AND TRADEMARK OFFICE                                                                         
                                                                 _______________                                                                          
                                              BEFORE THE BOARD OF PATENT APPEALS                                                                          
                                                             AND INTERFERENCES                                                                            
                                                                 _______________                                                                          
                                  SYDNEY GEORGE CHAPMAN and JULIAN HAMILTON JONES                                                                         
                                                                     Junior Party,                                                                        
                                                                 (Patent 6,216,228)                                                                       
                                                                           v.                                                                             
                                                            GEOFFREY B. RHOADS                                                                            
                                                                     Senior Party.                                                                        
                                                             (Application 10/118,849)                                                                     
                                                            ______________________                                                                        
                                                              Interference No.105,209                                                                     
                                                            ______________________                                                                        
                  Before:  LEE, MEDLEY and TIERNEY, Administrative Patent Judges.                                                                         
                  TIERNEY, Administrative Patent Judge.                                                                                                   
                                                   JUDGMENT - MERITS -  Bd. R. 125(a)                                                                     
                                                                (Revised Judgment)                                                                        
                           The Judgment (Paper No. 144) is vacated.  The Judgment itself did not identify those                                           
                  claims found unpatentable in the Decision on Preliminary Motions (Interference No. 105,209,                                             
                  Paper No. 143).  This Revised Judgment specifically identifies that Chapman claims 1-11 were                                            
                  held unpatentable in the Decision on Preliminary Motions as well as based on priority.                                                  
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