The opinion in support of the decision being
entered today is not binding precedent of the Board.
Paper 66
Filed by: Trial Section Merits Panel
Box Interference Filed
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
_______________
SHERWOOD L. GORBACH,
BARRY R. GOLDIN, and HERMAN ADLERCREUTZ,
Junior Party,
(Patent 5,498,631),
v.
GRAHAM EDMUND KELLY,
Senior Party,
(Application 08/910,837).
_______________
Patent Interference 104,576
_______________
Before: McKELVEY, Senior Administrative Patent Judge , and
SCHAFER and LEE, Administrative Patent Judges.
McKELVEY, Senior Administrative Patent Judge .
JUDGMENT PURSUANT TO 37 CFR § 1.662
Upon consideration of a document styled GORBACH EVIDENCE ON
THE ISSUE OF PRIORITY (Paper 65), wherein it is indicated that
junior party Gorbach will not serve or file any evidence on the
issue of priority, it is
ORDERED that judgment on priority as to Count 3
(Paper 59, page 3), the sole count in the interference, is
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Last modified: November 3, 2007