OBENG v. SMALL et al. - Page 1




                                                 The opinion in support of the decision being                                            
                                              entered today is not binding precedent of the Board.                                       
                                                                            Paper 47                                                     
                Filed by: Trial Section Merits Panel                                                                                     
                       Box Interference                                                Filed:                                           
                Washington, D.C.  20231                                         7 January 2003                                           
                Tel:  703-308-9797                                                                                                       
                Fax:  703-305-0942                                                                                                       
                                   UNITED STATES PATENT AND TRADEMARK OFFICE                                                             
                                                          _______________                                                                
                                         BEFORE THE BOARD OF PATENT APPEALS                                                              
                                                      AND INTERFERENCES                                                                  
                                                          _______________                                                                
                                                          YAW S. OBENG,                                                                  
                                                             Junior Party,                                                               
                                                          (Patent 5,735,963),                                                            
                                                                   v.                                                                    
                                         ROBERT J. SMALL and LAURENCE McGHEE,                                                            
                                                             Senior Party,                                                               
                                                      (Application 09/226,996).                                                          
                                                          _______________                                                                
                                                   Patent Interference No. 104,640                                                       
                                                          _______________                                                                
                Before: SCHAFER, LEE and TIERNEY, Administrative Patent Judges.                                                          
                SCHAFER, Administrative Patent Judge.                                                                                    

                        Obeng has filed a request for adverse judgment disclaiming the subject matter of the claims                      













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