MOSLEY et al. V. DODGE et al. - Page 1





                                                  The opinion in support of the decision being                                                       
                                               enteped today is not binding precedent of the Board.                                                  
                                                                                                                     Paper100                        
              Filed by: Interference Trial Section Merits Panel                                                                                      
                       Mail Stop Interference                                                                                                        
                       P. 0. Box 1450                                                                                                                
                       Arlington, VA 22313-1450                                                                                                      
                       Tel: 703-308-9797                                                                                                             
                       Fax: 703-305-0942                                                                                                             
                                   UNITED STATES PATENT AND TRADEMARK OFFICE                                                                         

                                          BEFORE THE BOARD OF PATENT APPEALS M-A I LED                                                               
                                                        AND INTERFERENCES                                                                            
                                                                                                                 JAN 1 3 2004                        
                                            ELLEN MOSLEY, RAYMOND K. WHITBY PAT& TM OFFICE                                                           
                                                                                                              BOARD OF PATENT APPEALS                
                                                            and VERA OWEN AND INTERFERENCEIý                                                         
                                                               Junior Party,                                                                         
                                                            (Patent 5,752,945),                                                                      
                                                                      V.                                                                             
                                          RICHARD N. DODGE, 11, CLIFFORD J. ELLIS,                                                                   
                                             CONNIE L. HETZLER, ERIC S. KEPNER,                                                                      
                                          SYLVIA B. LITTLE, LAWRENCE H. SAWYER                                                                       
                                                and CANDACE D. KRAIJTKRAMER                                                                          
                                                               Senior Party,                                                                         
                                                        (Application 09/314,492).                                                                    

                                                    Patent Interference No. 104,781                                                                  


              Before: SCHAFER, LEE and SPIEGEL, Administrative Patent Judges.                                                                        
              SCHAFER, Administrative Patent Judge.                                                                                                  
                                                           FINAL JUDGMENT                                                                            
                       During telephone conferences held December 22, 2003, and January 5, 2004, each of the                                         
              parties has acknowledged that their respective involved claims were unpatentable in light of certain                                   
              prior art. In light of these concessions, there is no apparent reason to continue this interference.                                   
              Based on the following findings of fact, we issue a final judgment against both parties.                                               








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