Interference No. 104,734
On February 1, 2002, senior party Burrell submitted a “Request for Adverse
Judgment” for all the claims corresponding to the count. (Paper No. 21).
Thus, pursuant to 37 C.F.R. § 1.662(a), JUDGMENT as to the subject matter of
Count 1 in issue is hereby awarded to the junior party, GERARD F. BARRY, GANASH
M. KISHORE, DAVID M. STARK and JAMES C. ZALEWSKI.
Accordingly, MICHAEL M. BURRELL is not entitled to their claims 1-19,
corresponding to Count 1.
On this record, Barry et al. are entitled to their U.S. Patent 5,648,249 claims 1, 2,
5 and 6, corresponding to the count.
)
STANLEY M. URYNOWICZ, JR. )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
MARC L. CAROFF )
Administrative Patent Judge ) APPEALS AND
)
) INTERFERENCES
)
JOAN ELLIS )
Administrative Patent Judge )
Attorney for Barry et al.:
Jeffrey S. Sharp
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