The opinion in support of the decision being
entered today is not binding precedent of the Board.
Paper 116
Filed by: Trial Section Merits Panel
Mail Stop Interference
P.O. Box 1450
Alexandria, VA 22313-1450 Filed:
Tel: 703-308-9797 30 January 2004
Fax: 703-305-0942
UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
MAILED
HANS HAZES FAN 3 0 2004
Junior Party
(U.S. Patent 6,086,973), PAT. & TIVI. OFFICEP FIC
BOARD OF PATENT APPEALS
AND.IINTEI]RFERENCESc S
V.
JAMES L. BRIES and MICHAEL D. HAMERSKI
Senior Party,
(U.S. Application 08/989,507).
Patent Interference No. 104,833
Before: LANE, MEDLEY and TIERNEY, Administrative Patent Judges.
MEDLEY, Administrative Patent Judge.
DECISION ON PRELIMINARY MOTIONS AND JUDGMENT
A. Introduction
At the time the interference was declared on 26 March 2002 (Paper 1), the Hazes
involved patent and the Bries involved application were assigned to different entities (see Papers
4 and 14). After preliminary motions, oppositions, and replies were filed, but prior to oral
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