LEVINE et al. V. LEVINE et al. V. Hermsmeyer - Page 1





                                         The opinion in support of the decision being                                          
                                     entered today is not binding precedent of the Board.                                      
                                                                                            Paper 25                           
           By: Trial Section Merits Panel                                                                                      
                   Bwd of Patent Appeals and Interferences Filed:                                                              
                   U.S. Patent and Trademark Office June 18, 2004                                                              
                   P.O. Box 1450                                                                                               
                   Alexandria, VA 22313-1450                                                                                   
                   Tel: 703-308-9797                                                                                           
                   Fax: 703-305-0942                                                                                           

                              LNITED STATES PATENT AND TRADEMARK OFFICE                                                        

                                   BEFORE THE BOARD OF PATENT APPEALS                                                          
                                               AND INTERFERENCES                                                               
                                                                                              AILED                            
                                              R. KENT HERMSMEYER JUJN71 8 2004                                                 
                                                      Junior Party,                         ýT . & TM. OFFICE                  
                                               (Application 10/266,379), PAI TENT                7 APPFALS                     
                                                                                       BOARD 6F PAkfENT APPEALS                
                                                                                          AND INTERFERENCES                    
                                                           V.                                                                  
                                 HOWARD L. LEVINE and WILLIAM J. BOLOGNA                                                       
                                                      Senior Party                                                             
                                         (Patent Nos. 6,054,447 and 5,985,86 1).                                               

                                            Patent Interference No. 105,186                                                    


             Before: LEE, MOORE and POTEATE, Administrative Patent Judges.                                                     
             POTEATE, Administrative Patent Judge.                                                                             


                                               JUDGMENT-RULE 662                                                               
                    On June 9, 2004, the Board received from junior party Hermsmeyer a Request for                             
             Adverse Judgment as to Counts I and 2 (Paper 24). Accordingly, it is                                              
                    ORDERED that J .udgment on priority as to Counts I and 2 (Paper I at 5), the sole counts                   
             of the interference, is ilwarded against junior party R. KENT HERMSMEYER.                                         









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