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HUNTER et al. V. Ferre et al. - Page 1



            BoxInterferences@uspto.gov Paper 53                                                          
            Telephone: 571-272-9797 Filed April 30, 2007                                                 
                       UNITED STATES PATENT AND TRADEMARK OFFICE                                         
                                           _______________                                               
                             BEFORE THE BOARD OF PATENT APPEALS                                          
                                       AND INTERFERENCES                                                 
                                            ______________                                               
                              MARK W. HUNTER and PAUL KESSMAN                                            
                                              Junior Party                                               
                                           (Patent 6,381,485),                                           
                                                   v.                                                    
                             MAURICE R. FERRE, PETER D. JAKAB, and                                       
                                          JAMES S. TIEMAN                                                
                                              Senior Party                                               
                                       (Application 10/427,472).                                         

                                     Patent Interference No. 105,415                                     

            Before: LEE, MEDLEY and MOORE, Administrative Patent Judges.                                 
            MEDLEY, Administrative Patent Judge.                                                         
                                       Judgment - Bd.R. 127(b)                                           
        1         Based on the decision on preliminary motions (Paper 52), Ferre lacks                   
        2   standing to proceed in the interference.                                                     
        3         Accordingly, it is                                                                     
        4         ORDERED that judgment on priority as to Count 1 (Paper 1 at 4) in the                  
        5   interference is awarded against senior party MAURICE R. FERRE, PETER D.                      
        6   JAKAB, and JAMES S. TIEMAN.                                                                  







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