The opinion in support of the decision being
entered today is not binding precedent of the Board.
Paper 14
Filed by: Trial Section Merits Panel
Box Interference
Washington, D.C. 20231
Tel: 703-308-9797
Fax: 703-305-0942
UNITED STATES PATENT AND TRADEMARK OFFICE
_______________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
_______________
CARL C. GRECO and JOHST H. BURK,
Junior Party,
(Application 08/245,397),
v.
STEPHAN J. McLAIN
Senior Party
(Patent 5,304,666).
_______________
Patent Interference No. 104,594
_______________
Before: McKELVEY, Senior Administrative Patent Judge, and
GARDNER-LANE and MEDLEY, Administrative Patent Judges.
McKELVEY, Senior Administrative Patent Judge.
JUDGMENT PURSUANT TO 37 CFR § 1.662
Upon consideration of GRECO'S ABANDONMENT OF THE CONTEST
(Paper 13), it is
ORDERED that judgment on priority as to Count 1
(Paper 1, page 47), the sole count in the interference, is
awarded against junior party Carl C. Greco and Johst H. Burk.
FURTHER ORDERED that junior party Carl C. Greco and
Johst H. Burk is not entitled to a patent containing claims 1,
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Last modified: November 3, 2007