ROHR v. MCNULTY et al - Page 1




                         The opinion in support of the decision being                  
                      entered today is not binding precedent of the Board.             
                                                                    Paper 45           
          Filed by: Interference Trial Section Merits Panel                            
                    Box Interference                         Filed                     
                    Washington, D.C.  20231                  2 June 2003               
                    Tel:  703-308-9797                                                 
                    Fax:  703-305-0942                                                 
                      UNITED STATES PATENT AND TRADEMARK OFFICE                        
                                   _______________                                     
                          BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                    
                                   _______________                                     
                                    WILLIAM ROHR,                                      
                                    Junior Party,                                      
                                 (Patent 6,143,232)1,                                  
                                          v.                                           
                          DONALD E. McNULTY and TODD SMITH,                            
                                     Senior Party                                      
                              (Application 09/328,080)2.                               
                                   _______________                                     
                         Patent Interference 104,804 (Nagumo)                          
                                   _______________                                     
          Before: SCHAFER, TORCZON, and NAGUMO, Administrative Patent                  
          Judges.                                                                      
          NAGUMO, Administrative Patent Judge.                                         
                                    FINAL JUDGMENT                                     
                           (PURSUANT TO 37 CFR § 1.662(a))                             




               1    Accorded benefit for priority of the filing date of its application,
          09/361,210, July 29, 1999.  According to Rohr, the real party in interest is 
          Zimmer Technologies, Inc.                                                    
               2    Accorded benefit for priority of application 60/088,729, filed June
          10, 1998.  According to McNulty, the real party in interest is DuPuy         
          Orthopaedics, Inc.                                                           





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