Ex Parte HAZES - Page 3





                                                                                 Interference No. 104,833              
                                                                                              Page No. 3               
             requested that the Board decide those issues. Based on the specific facts of the case, the APJ            
             agreed to proceed to oral argument and to decide those issues raised regarding the proper count,          
             the patentability of Bries' involved claims, and the benefit Hazes sought to be accorded (Paper           
             I 10). That the APJ did so was solely within his discretion. That the APJ did so is not, in any           
             way, an indication that a future common assignee in the same position will be afforded the same           
             courtesy. Based upon the particular facts of this interference, we conclude that the A.PJ did not         
             abuse his discretion in continuing the interference. For these reasons, we exercise our discretion        
             to determine all of the preliminary motions filed.                                                        
                    B. Findin2s of fac                                                                                 
                    The record supports the following findings of fact, as well as any other findings of fact set      
             forth in the discussion portion of this decision, by at least a preponderance of the evidence.            
                                                    The interLerence                                                   
                    I . The interference was declared between junior party Hans Hazes ("Hazes") and                    
                           senior party James L. Bries and Michael D. Hamerski ("Bries").                              
                    2. Hazes is involved in the interference on the basis of its 6,086,973 ( ...973 patent,                
                           which issued from application 09/098,480, filed 16 June 1998.                               
                    3. Bries is involved in the interference on the basis of its 08/989,507 ( ...507                        
                           application, filed 12 December 1997.                                                        
                                                    PrioriU benefit                                                    
                    4. In the Notice Declaring Interference, neither party was granted priority benefit of             
                           any earlier filed application (Paper I at 3-4).                                             








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