HARRIS et al. V. Dobrusin et al. - Page 1





      BoxInterferences@uspto.gov Paper 110                                                                                   
      -703-308-9797                                                                                                          
                                 UNITED STATES PATENT AND TRADEMARK OFFICE                                                   
                         BEFORE THE BOARD OF PATENT APPEALS AND INTERFERENCES                                                

                                                     WILLIAM HARRIS,                                                         
                              CHRISTOPHER HUW HILL, and IAN EDWARD DAVID SMITH                                               
                                                        (6,150,373),                                                         
                                                        Junior Party,                                                        
                                                              V.                                                             
                                                 ELLEN MYRA DOIBRUSIN,                                                       
                                 JAMES MARINO HAMBY, JAMES BERNARD KRAMER,                                                   
                        MEL CONRAD SCHROEDER, HOWARD DANIEL HOLLIS SHOWALTER,                                                
                              PETER TOOGOOD, and SUSANNE A. TRUMPP-KALLMEYER                                                 
                                                        (09/623,737),                                                        
                                                        Senior Party.                                                        
                                                  Interference No. 104,798                                                   

                 Before SCHAFER, TORCZON, and NAGUMO, Administrative Patent Judges.                                          
                 TORCZON, Administrative Patent Judge.                                                                       
                                                  JUDGMENT - RULE 640                                                        
                        Dobrusin, the provoking party, lacks a claim with sufficient written description as                  
                 required under 35 U.S.C. 112(l) (see Paper 109).                                                            
                        Consequently, it is:                                                                                 
                        ORDERED that judgment on priority as to Count 1 is awarded against Dobrusin;                         
                        FURTHER ORDERED that Dobrusin is not entitled to a patent containing claims                          
                 54-56 & 58-80 of Dobrusin's 09/623,737 patent application;                                                  
                        FURTHER ORDERED that the Dobrusin preliminary statement be returned                                  
                 unopened;and                                                                                                










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