KLITZMAN et al. V. ANDERSON - Page 1


              3                                                                                                            
                                            The opinion in support of the decision being                                   
                                         entered today is not binding precedent of the Board.                              
                                                                                                     Paper 27              
            Filed by: Interference Trial Section                                                                           
                    Merits Panel                                                                                           
                    Box Interference Filed:                                                                                
                    Washington, D.C. 20231 9 January 2003                                                                  
                    Tel: 703-308-9797                                                                                      
                    Fax: 703-305-0942                                                                                      
                               UNITED STATES PATENT AND TRADEMARK OFFICE                                                   

                                    BEFORE THE BOARD OF PATENT APPEALS                                                     
                                                AND INTERFERENCES                                                          
                                                                                             FAXED                         
                                               RICHARD R. ANDERSON                                                         
                                                                                           ýJAN 9 - 2003                   
                                                       Junior Party,                                                       
                                                (Application 09/197,105), PAT. & TM. OFFICE                                
                                                                                       13OARD OF PATENT APPEALS            
                                                                                          ANDINTERFERENCES                 
                                                            V.                                                             
                                       BRUCE KLITZMAN and KIM E. KOGER                                                     
                                                       Senior Party,                                                       
                                                   (Patent 6,013,122).                                                     

                                             Patent Interference No. 104,841                                               

            Before: SCHAFER, LEE and SPIEGEL, Administrative Patent Judges.                                                
            SCHAFER, Administrative Patent Judg .                                                                          

                                    JUDGMENT PURSUANT TO 37 CFR § 1.662                                                    
                    Anderson has filed a concession of priority as to the subject matter of Counts I and 2, the            
            sole counts in this interference. Paper 25. A concession of priority is treated as a request for entry         
            of adverse judgment. 37 CFR § 1,662(a). Accordingly, it is                                                     
                    ORDERED that judgment on priority as to the subject matter of Counts I and 2 (Paper 1,                 
            p. 5), is awarded against the junior party, RICHARD R. ANDERSON;                                               







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