Ex Parte RODENBERG - Page 1




                                                  The opinion in support of the decision being                                              
                                               entered today is not binding precedent of the Board.                                         
                                                                              Paper 30                                                      
                Filed by: Interference Trial Section Merits Panel                                                                           
                       Box Interference                                                          Filed:                                    
                Washington, D.C.  20231                                                   14 March 2002                                     
                Tel:  703-308-9797                                                                                                          
                Fax:  703-305-0942                                                                                                          
                                    UNITED STATES PATENT AND TRADEMARK OFFICE                                                               
                                                           _______________                                                                  
                                          BEFORE THE BOARD OF PATENT APPEALS                                                                
                                                       AND INTERFERENCES                                                                    
                                                           _______________                                                                  
                                                      DOUGLAS RODENBERG                                                                     
                                                               Junior Party,                                                                
                                                           (Patent 5,783,528),                                                              
                                                                    v.                                                                      
                                                         RANDALL KRINKER                                                                    
                                                               Senior Party                                                                 
                                                       (Application 09/214,717).                                                            
                                                           _______________                                                                  
                                                    Patent Interference No. 104,666                                                         
                                                           _______________                                                                  
                Before: SCHAFER, LEE and SPIEGEL, Administrative Patent Judges.                                                             
                SCHAFER, Administrative Patent Judge.                                                                                       
                                          JUDGMENT PURSUANT TO 37 CFR § 1.662                                                               
                        Senior party Krinker has requested entry of Adverse Judgment. Paper 28.  A settlement                               
                agreement has been filed and made of record in the interference file.                                                       
                        Accordingly , it is                                                                                                 
                        ORDERED that judgment on priority as to the subject matter of Count 1 (Paper 1, p. 5), is                           
                awarded against the senior party, RANDALL KRINKER;                                                                          
                        FURTHER ORDERED that senior party, RANDALL KRINKER, is not entitled to a patent                                     
                containing claims 18-23, 28-30 and 33 (corresponding to Count 1) of Application 09/214,717; and                             







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