Ex Parte McElroy - Page 1




                                           The opinion in support of the decision being                                  
                                        entered todav is not bindinu, precedent of the Board.                            
                                                                                                   Paper 21              
            Filed by: Interference Trial Section Merits Panel                                                            
                    Board of Patent Appeals and Interferences Filed:                                                     
                    U.S. Patent and Trademark Office 25 June 2003                                                        
                    P.O. Box 1450                                                                                        
                    Alexandria, VA 22313-1450                                                                            
                    Tel: 703-308-9797                                                                                    
                    Fax: 703-305-0942                                                                                    
                              UNITED STATES PATENT AND TRADEMARK OFFICE                                                  

                                    BEFORE THE BOARD OF PATENT APPEALS                                                   
                                               ANDINTERFERENCES                                                          

                                                 SUSAN L. McELROY FAzvErLJ%                                              
                                                      Junior Party,                                                      
                                                   (Patent 6,323,236), AN 2 5 2001                                       
                                                           V.                                  T 0 FF I C                
                                                                                      BOARt, OF                          
                                                  SCOTT P. HOOPES ARD                                                    
                                                      Senior Party                                                       
                                               (Application 09/494,988).                                                 

                                             Patent Interference No. 105,079                                             

            Before: SCHAFER, LEE and SPIEGEL, Administrative Patent Judi4es.                                             
            SCHAFER, Administrative Patent Judge.                                                                        
                                    JUDGMENT PURSUANT TO 37 CFR § 1.662                                                  
                    Hoopes has filed a paper requesting and agreeing to entry of an adverse judgment in this             
            interference under 37 CFR § 1.662(a). Paper 20. Accordingly , it is                                          
                    ORDER-ED that i .udgment on priority as to the subject matter of Count I (Paper 1, p. 5), is         
            awarded against the senior party, SCOTT P. HOOPES;                                                           
                    FURTHER ORDERED that senior party, SCOTT P. HOOPES, is not entitled to a patent                      
            containing claims 1-10 (corresponding to Count 1) of Application 09/494,988;                                 








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