HERMAN et al. V. Herman - 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                                                today is not binding precedent of the Board                                                         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. 91                                                                                  
                         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                                                                        


                                                            GREGORY HERMAN                                                                          

                                                                  Junior Party, MAILED                                                              
                                                           (Application 09/488,960), APR 1 0 27003                                                  
                                                                         V.                                                                         
                                                                                                             PAT, & TM OFFICF                       
                                                           NORMAN P. BARNES BOARD OF PATFN-r APOPALS _j                                             
                                                                                                                  TFRFr                             
                                                        and GREGORY S. HERMAN AND IINTERFEREI'ý"Lt                                                  

                                                                  Senior Party,                                                                     
                                                               (Patent 6,144,679).                                                                  


                                                       Patent Interference No. 104,812                                                              


                 Before LEE, TORCZON, and MEDLEY, Administrative Patent Judges.                                                                     

                 MEDLEY, Administrative Patent Judge.                                                                                               

                                FINAL DECISION AND JUDGMENT UNDER 37 CFR 1.658(a)                                                                   

                         A. Introduction                                                                                                            

                         This interference was declared on 28 March 2002 to resolve an inventorship dispute.                                        

                 Gregory S. Herman (Herman) and Nonylan P. Barnes (Bames) applied for, and received a patent                                        

                 the involved Barnes patent. Before the patent was granted, Herman filed a patent application (the                                  








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