LUND et al v. MINOR - Page 1




                                                 The opinion in support of the decision being                                            
                                              entered today is not binding precedent of the Board.                                       
                                                                                               Paper 55                                 
                Filed by:  Trial Section Merits Panel                                                                                    
                  Box Interference                                                              Filed: November 25, 2002                 
                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                                                                  
                                                          _______________                                                                
                                            EARL A. E. LUND, ROBERT C. PARKER,                                                           
                                                       IAN R. SHANKLAND,                                                                 
                                                             Junior Party,                                                               
                                                  (Patents 5,672,294 and 5,677,358)                                                      
                                                                   v.                                                                    
                                                       BARBARA H. MINOR                                                                  
                                                             Senior Party                                                                
                                                      (Application 08/609,183).                                                          
                                                          _______________                                                                
                                                   Patent Interference No. 104,749                                                       
                                                          _______________                                                                
                Before: SCHAFER, TIERNEY and NAGUMO, Administrative Patent Judges.                                                       
                TIERNEY, Administrative Patent Judge.                                                                                    
                                                        FINAL JUDGMENT                                                                   
                        This interference involves a single count, Count 1.  Minor has two pending claims that                           
                correspond to Count 1, i.e., claims 17 and 18.  (Notice Declaring Interference, Paper No. 1, p. 6).                      
                Minor has requested entry of adverse judgment as to all of Minor’s claims that correspond to the                         
                count.  (Minor Request for Adverse Judgment, Paper No. 54).  As Minor has conceded priority as                           
                to all of Minor’s corresponding claims, Minor has effectively abandoned the contest as to Count                          






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