BORNHORST - Page 1




                         The opinion in support of the decision being                  
                      entered today is not binding precedent of the Board.             
          Filed by: Merits Panel                                  Paper No. 42         
          Box Interference                                                             
          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                                    
                                   _______________                                     
                                  WILLIAM E. HEWLETT                                   
                                     Junior Party                                      
                               (Patent No. 5,426,576)1                                 
                                          v.                                           
                         JAMES M. BORNHORST, TIMOTHY D. STACY                          
                                and RICHARD W. HUTTON                                  
                                     Senior Party                                      
                              (Application 08/544,759)2                                
                                                                                      
                           Patent Interference No. 104,555                             
                                                                                      
          Before LEE, SPIEGEL and MEDLEY, Administrative Patent Judges.                
          LEE, Administrative Patent Judge.                                            
                           MEMORANDUM OPINION AND JUDGMENT                             
               On April 16, 2002, junior party filed a paper entitled                  
          “MOTION TO CONCEDE PRIORITY OF THE COUNT,” in which it is stated:            


               1   Based on Application 08/051,373, filed April 23, 1993.              
          The real party in interest is Light and Sound Design Ltd. of                 
          Birmingham, England.                                                         
               2   Filed October 18, 1995.  Accorded the benefit of                    
          Application 07/693,366, filed April 30, 1991, now Patent No.                 
          5,282,121.  The real party in interest is Vari-Lite, Inc.                    





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