Ex Parte GREEN - Page 1





                       The opinion in support of the decision being                
                     entered today is not binding precedent of the Board.          
                                                             Paper 81              
         Filed by: Trial Section Motions Panel                                     
                 Administrative Patent Judge                                       
                 Box Interference Filed                                            
                 Washington, D.C. 20231 May 28, 2002                               
                 Tel: 703-308-9797                                                 
                 Fax: 703-305-0942                                                 
                     UNITED STATES PATENT AND TRADEMARK OFFICE                     

                        BEFORE THE BOARD OF PATENT APPEALS                         
                                AND INTERFERENCES                 MAILED           


                         YULUN WANG and KEITH PHILLIP LABY m, Y 2 8 201            

                                   Junior Party, OAT. & T.M. OFFICE                
                                (Patent 5,907,664), BOARD OF PATENT APPEALS        
                                                                 AND INTERFERENCES 
                                        v .                                        
                                  PHILIP S. GREEN                                  
                                   Senior Party                                    
                             (Application 08/709,930).                             

                          Patent Interference No. 104,643                          



         Before SCHAFER, LEE, and MEDLEY, Administrative Patent Judges.            
         MEDLEY, Administrative Patent Judge.                                      
                   DECISION ON GREEN REQUEST FOR RECONSIDERATION                   
                                AND FINAL JUDGMENT                                 

             A. Introduction                                                       

             A decision on preliminary motions was entered on 30 March             
         2002 (Paper 76). Wang's preliminary motion 1 for judgment                 
         against Green was granted on the basis that Green's sole involved         








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