Carroll et al. V. Carson et al. - Page 1




                                                  The opinion in support of the decision being                                               
                                              entered today is not binding precedent of the Board.                                           
                                                                                          Paper No. 32                                       
               Filed by: Trial Section Motions Panel                                                                                         
                         Box Interference Filed: March 27, 2003                                                                              
                         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                                                                     

                                             F. IVY CARROLL, JAMES B. THOMAS                                                                 
                                                  AND S. WAYNE MASCARELLA                                                                    
                                                               Junior Party                                                                  
                                                (U.S. Patent Application 09/537,668), FAXED                                                  

                                                                     V. MAR 2 7 2003                                                         

                                              JOHN R. CARSON, ROBERT E. BOYD P .AT. & TM. OFFICE                                             
                                                     AND LOU ANNE NEILSON BOARD OF PATENT APPEALS                                            
                                                               Senior Party, ANDINTERFERENCES                                                
                                                      (U.S. Patent No. 6,306,876).                                                           

                                                Patent Interference No. 104,851 (MPT)                                                        

               Before: LEE, TIERNEY and NAGUMO, Administrative Patent Judges.                                                                
               TIERNEY, Administrative Patent Judge.                                                                                         
                                                         FINAL JUDGMENT                                                                      
                        Junior Party Carroll has requested entry of adverse judgment for this interference. (Paper                           
               No.31). As Carroll has requested adverse judgment, judgment on priority is entered against                                    
               Carroll as to Count 1, the sole count, and Carroll's corresponding claims 22-37. 37 C.F.R.                                    
               §1.662.                                                                                                                       








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