Ex Parte SKOWRONSKI - Page 1




                                                The opinion in support of the decision being                                         
                                            entered today is not binding precedent of the Board.                                     
                                                                          Paper 45                                                   
               Filed by: Interference Trial Section Motions Panel                                                                    
                      Box Interference                                                      Filed:                                  
               Washington, D.C.  20231                                                26 September 2001                              
               Tel:  703-308-9797                                                                                                    
               Fax:  703-305-0942                                                                                                    
                                  UNITED STATES PATENT AND TRADEMARK OFFICE                                                          
                                                        _______________                                                              
                                        BEFORE THE BOARD OF PATENT APPEALS                                                           
                                                    AND INTERFERENCES                                                                
                                                        _______________                                                              
                                                    MARK SKOWRONSKI,                                                                 
                                                           Junior Party,                                                             
                                                        (Patent 5,811,201),                                                          
                                                                 v.                                                                  
                                           MICHAEL S. HSU and ETHAN D. HOAG,                                                         
                                                           Senior Party,                                                             
                                                    (Application 09/352,093).                                                        
                                                        _______________                                                              
                                                 Patent Interference No. 104,561                                                     
                                                        _______________                                                              
               Before: SCHAFER, TORCZON and SPIEGEL, Administrative Patent Judges.                                                   
               SCHAFER, Administrative Patent Judge.                                                                                 
                                        JUDGMENT PURSUANT TO 37 CFR § 1.662                                                          
                       Skowronski  has filed a request for entry of an adverse judgment under 37 CFR § 1.662(a).                     
               Paper 44. Accordingly, it is                                                                                          
                       ORDERED that judgment on priority as to the subject matter of Count 1 (Paper 1, p.5), is                      
               awarded against the junior party, MARK SKOWRONSKI;                                                                    
                       FURTHER ORDERED that junior party, MARK SKOWRONSKI, is not entitled to a patent                               
               containing claims 10-13 (corresponding to Count 1) of U.S. Patent 5,811,201;                                          






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