Interference No. 105,065 Paper 10
Usui v. McCormick Page 2
ORDER
Upon consideration of Usui's request for adverse judgment, it is—
ORDERED that Usui's request for adverse judgment be GRANTED;
FURTHER ORDERED that judgment on priority as to Count 1 be awarded against junior
party Usui;
FURTHER ORDERED that junior party Usui not be granted to a patent containing the
subject matter of claims 28, 30-35, 43, and 44 of Usui's 08/817,101 application, which
correspond to Count 1; and
FURTHER ORDERED that a copy of this decision be given a paper number and be
entered in the administrative record of Usui's 08/817,101 and McCormick's 08/724,631
application.
RICHARD E. SCHAFER
Administrative Patent Judge
BOARD OF PATENT
APPEALS AND
RICHARD TORCZON INTERFERENCES
Administrative Patent Judge
INTERFERENCE
TRIAL SECTION
MICHAEL P. TIERNEY
Administrative Patent Judge
Notice: Any agreement or understanding between parties to this interference, including any collateral agreements
referred to therein, made in connection with or in contemplation of the termination of the interference, shall be in writing
and a true copy thereof filed in the United States Patent and Trademark Office before termination of the interference as
between said parties to the agreement or understanding. 35 U.S.C. 135(c); 37 C.F.R. § 1.661.
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