MOORE et al. v. SUNDHOLM - Page 1



                The opinion in support of the decision being entered                  
                     today is not binding precedent of the Board                      
          Filed by:  Trial Section Merits Panel                  Paper No. 81         
          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                                   
                                   _______________                                    
                       FRED D. MOORE, JR., ROBERT L. CONNEEN,                         
                             and CHARLES M. KRUGER, JR.,                              
                                    Junior Party,                                     
                                 (Patent 6,024,175),                                  
                                         v.                                           
                                   GORAN SUNDHOLM,                                    
                                    Senior Party,                                     
                              (Application 09/367,972).                               
                                   _______________                                    
                           Patent Interference No. 104,678                            
                               ______________________                                 
          Before LEE, SPIEGEL, and MEDLEY, Administrative Patent Judges.              
          MEDLEY, Administrative Patent Judge.                                        
                  DECISION ON JOINT RULE 633(b) PRELIMINARY MOTION                    
                      FOR NO INTERFERENCE-IN-FACT AND JUDGMENT                        
               A. Introduction                                                        
               This interference was declared on 27 April 2001.  Oral                 
          argument regarding the parties preliminary motions was held on              
          April 4, 2002.  During oral argument, counsel for the respective            
          parties agreed that, absent Sundholm claim 12, there is no                  
          interference-in-fact between Sundholm’s remaining claims 6, 10,             




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