The opinion in support of the decision being
entered today is not binding precedent of the Board.
Paper 87
Filed by: Interference Trial Section Motions Panel
Box Interference Filed:
Washington, D.C. 20231 August 13, 2002
Tel: 703-308-9797
Fax: 703-305-0942
UNITED STATES PATENT AND TRADEMARK OFFICE
_______________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
_______________
VALERY DUBIN and TAKESHI NOGAMI,
Junior Party,
(Patent 5,882,498),
v.
THOMAS RITZDORF and JEFFREY TURNER,
Senior Party,
(Application 09/525,930).
_______________
Patent Interference No. 104,642
_______________
Before: SCHAFER, GARDNER-LANE and TIERNEY, Administrative Patent Judges.
JUDGMENT UNDER 37 CFR § 1.662(a)
SCHAFER, Administrative Patent Judge.
Dubin has filed a concession of priority. Paper 86. Pursuant to 37 CFR § 1.662(a), a
concession of priority is treated as a request for adverse judgment as to all claims corresponding to
the count. Accordingly, judgment is awarded against Dubin. Dubin is not entitled to a patent on
claims 1-3 and 6-10 of Patent 5,882,498, corresponding to Count 1 (Paper 58).
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