The opinion in support of the decision being
entered today is not binding precedent of the Board.
Paper 46
Filed by: Trial Section Motions Panel
Box Interference Filed: November 20, 2001
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
_______________
JOHN J. MEFFORD and JOHN B. HOMOELLE
Junior Party
(Patent 5,446,493)
v.
MARK L. JARAND
Senior Party
(Application 08/726,651).
_______________
Patent Interference No. 104,384
_______________
Before McKELVEY, Senior Administrative Patent Judge, and MEDLEY and TIERNEY,
Administrative Patent Judges.
PER CURIAM.
JUDGMENT
(Concession of Priority Pursuant to 37 CFR § 1.656(i))
Junior Party Mefford’s principal brief on the issue of priority and/or derivation was due
August 13, 2001. To date, Junior Party Mefford has not filed a principal brief. As set forth in
37 CFR § 1.656(i), when a junior party fails to timely file an opening brief, the Board may issue
an order to show cause why junior party’s failure to file a brief should not be treated as a
concession of priority.
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