HOXIE et al v. LI et al - Page 1





                             The opinion in support of the decision being                                
                          entered today is not binding precedent of the Board.                           
                                                                                  Paper 23               
            Filed by:   Merits Panel                                                                     
                        Board of Patent Appeals and Interferences                                        
                        U.S. Patent and Trademark Office           Filed                                 
                        P.O. Box 1450                        5 August 2003                               
                        Alexandria, VA   22313-1450                                                      
                        Tel:  703-308-9797                                                               
                        Fax:  703-305-0942                                                               
                          UNITED STATES PATENT AND TRADEMARK OFFICE                                      
                                           _______________                                               

                               BEFORE THE BOARD OF PATENT APPEALS                                        
                                         AND INTERFERENCES                                               
                                           _______________                                               

                                           JAMES A. HOXIE,                                               

                                            Junior Party1                                                
                                      (Patent No. 5,994,515),                                            

                                                   v.                                                    

                                                 YI LI                                                   
                                       and STEVEN M. RUBEN,                                              

                                            Senior Party2                                                
                                  (Application No. 09/339,912).                                          
                                           _______________                                               

                             Patent Interference 105,059 (NAGUMO)                                        
                                           _______________                                               
            Before: LEE, TIERNEY, and NAGUMO, Administrative Patent Judges.                              

            NAGUMO, Senior Administrative Patent Judge.                                                  


                               JUDGMENT PURSUANT TO 37 CFR § 1.662                                       

                  Upon consideration of the REQUEST BY HOXIE UNDER 37 CFR                                

            § 1.662 (Paper 22), it is                                                                    

                        ORDERED that judgment on priority as to Count 1, the                             


            1  Hoxie has been accorded benefit for priority of its filing date, June                     
            25, 1997.                                                                                    
            2  Li has been accorded benefit for priority of parent application                           
            08/466,343 (filed June 6, 1995, now U.S. Patent No. 6,025,154).                              







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