ELLIS et al v. FULKS - Page 1




                              THIS OPINION WAS NOT WRITTEN FOR PUBLICATION                                                      
                                 AND IS NOT BINDING PRECEDENT OF THE BOARD                                                      
               Filed by: Trial Section Merits Panel                                                  Paper No.  68              
               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                                                             
                                                                                                                               
                                        PATRICK D. ELLIS and FRED MALICKI                                                       
                                                         Junior Party                                                           
                                                   (Application 5,810,701)1                                                     
                                                               v.                                                               
                                                        KENT FULKS                                                              
                                                         Senior Party,                                                          
                                                  (Application 09/095,360)2                                                     
                                                                                                                               
                                                Patent Interference No. 104,788                                                 
                                                                                                                               
               Before LEE, LANE and MEDLEY, Administrative Patent Judges.                                                       
               LEE, Administrative Patent Judge.                                                                                
                                 MEMORANDUM OPINION AND FINAL JUDGMENT                                                          





                      1     Based on application 08/877,290, filed June 17, 1997.  The real party in interest is                
               Northland Industries, Inc.                                                                                       
                      2     Filed June 10, 1998.  Accorded the benefit of application 08/667,428, filed June 21,                
               1996.                                                                                                            





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