The opinion in support of the decision being
entered today is not binding precedent of the Board.
Paper 68
Filed by: Trial Section Merits Panel
Box Interference Filed
Washington, D.C. 20231 26 March 2002
Tel: 703-308-9797
Fax: 703-305-0942
UNITED STATES PATENT AND TRADEMARK OFFICE
_______________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
_______________
MYUN KI HAN, S. PAUL LEE
and JACK G. CHIRKJIAN,
Junior Party,
(Application 09/069,847),
v.
KENNETH J. LIVAK, SUSAN J.A. FLOOD
and JEFFREY MARMARO,
Senior Party
(Patent 5,538,848).
_______________
Patent Interference 104,670 (CAS)
_______________
Before: McKELVEY, Senior Administrative Patent Judge , and
SPIEGEL and GARDNER-LANE, Administrative Patent Judges.
McKELVEY, Senior Administrative Patent Judge .
FINAL DECISION
In this interference, Livak successfully dodged an attack on
its patent. However, Livak declines to quietly walk away happy
that its patent is still intact. Instead, Livak invites us to
look into allegations that certain claims in the Han application
are unpatentable. Livak further invites us to take other action
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