JLB, INC. v. HOWELL et al - Page 1




  BOX INTERFERENCE                                                                                             Paper 28                  
  WASHINGTON DC  20231                                                                                                                   
  703-308-9797                                                                                                                           
  703-305-0942 (fax)               UNITED STATES PATENT AND TRADEMARK OFFICE                                                             
                           BEFORE THE BOARD OF PATENT APPEALS AND INTERFERENCES                                                          

                                                              JLB, INC.                                                                  
                                                     (6,210,681 and 6,440,471),                                                          
                                                             Junior Party,                                                               
                                                                   v.                                                                    
                                                         AMY B. HOWELL                                                                   
                                                       and NICHOLI VORSA                                                                 
                                                            (09/145,694),                                                                
                                                             Senior Party.                                                               

                                                       Interference No. 104,837                                                          

                Before SCHAFER, LEE, and TORCZON, Administrative Patent Judges.                                                          
                TORCZON, Administrative Patent Judge.                                                                                    
                                                            JUDGMENT                                                                     
                                                (PURSUANT TO 37 CFR § 1.662(a))                                                          
                        Howell's real party-in-interest purports to be the assignee of the JLB patents (Paper 24).                       
                In that role, Howell requests entry of adverse judgment against JLB (Paper 27).  The request is                          
                GRANTED.                                                                                                                 
                                                               ORDER                                                                     
                        Upon consideration of Howell's request for adverse judgment against JLB, Inc., it is—                            
                        ORDERED that judgment on priority as to Count 1 is awarded against junior party JLB,                             
                Inc.;                                                                                                                    
                        FURTHER ORDERED that junior party JLB, Inc., is not entitled to a patent containing                              
                claims 1-11 of the 6,210,681 patent or claims 1-15 of the 6,440,471 patent, which correspond to                          
                Count 1; and                                                                                                             





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