Ex Parte KOLLAR - Page 1


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                                            The opinion in support of the decision is not binding precedent of the Board.                                                
                                                                                                                                         Paper 22                        
                    Filed by: Interference Trial Section Merits Panel                                                                                                    
                             Box Interference Filed:                                                                                                                     
                             Washington, D.C. 20231 30 March 2004                                                                                                        
                             Tel: 703-308-9797                                                                                                                           
                             Fax: 703-305-0942                                                                                                                           
                                            UNITED STATES PATENT AND TRADEMARK OFFICE                                                                                    


                                                   BEFORE THE BOARD OF PATENT APPEAL MAILED                                                                              
                                                                   AND INTERFERENCES                                                                                     
                                                                                                                              MAR 3 0 2004                               
                                                            REDOX TECHNOLOGIES, INC., PAT. & T.M. OFFICE                                                                 
                                                                            Junior Party, BOARD OF PATENT APPEALS                                                        
                                                               (U.S. Application 08/567,564), AND INTERFERENCES                                                          
                                                                                   V.                                                                                    
                                               DANIEL B, POURREAU, HAVEN S. KESLING, JR.                                                                                 
                                             FRANK J. LIOTTA, JR. and JEFFREY M. McFARLAND                                                                               
                                                                            Senior Party                                                                                 
                                                                    (U.S. Patent 5,371,298).                                                                             

                                                               Patent Interference No. 105,011                                                                           

                    Before: McKELVEY, Senior Administrative Patent Judge, and SCHAFER and TORCZON,                                                                       
                    Administrative Patent Judges.                                                                                                                        
                    SCHAFER, Administrative Patent Judg                                                                                                                  

                                                                  JUDGMENT - RULE 640                                                                                    
                             A panel of the Board has issued a decision holding all of the parties' involved claims                                                      
                    unpatentable over prior art. Paper 21. Without any patentable claims there is no basis upon which                                                    
                    to form a count suitable for determining priority and, therefore, no basis for proceeding to the                                                     
                    priority phase of the interference. Accordingly, it is appropriate to enter judgment against both                                                    
                    parties at this time.                                                                                                                                










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