The opinion in support of the decision being
entered today is not binding precedent of the Board
Paper No. 139
Filed by: Interference Merits Panel
Mail Stop Box Interference
P.O. Box 1450
Alexandria, VA 22313-1450
Tel.: 703-308-9797
Fax: 703-305-0942
UNITED STATES PATENT AND TRADEMARK OFFICE
_______________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
_______________
JIAN BAI, STEVEN FISCHER,
and J. MICHAEL FLANAGAN,
Junior Party,1
v.
VICTOR V. LAIKO and ALMA L. BURLINGAME,
Senior Party.2
_________________
Patent Interference No. 104,745
_________________
DECISION ON PRIORITY
_________________
Before MARTIN, LEE, and MEDLEY, Administrative Patent Judges.
MARTIN, Administrative Patent Judge
For the following reasons, judgment on the issue of priority is being entered in favor of
1 Application 09/146,817, filed September 4, 1998. PTO records show an assignment to
Agilent Technologies Inc. ("Agilent"), identified as the real party in interest at page 5 of Bai et
al.'s opening brief. Bai et al. have been accorded the benefit as to Count 1 (the sole count) of
Provisional Application 60/089,088, filed June 12, 1998.
2 Patent 5,965,884, issued October 12, 1999, based on Application 09/646,910, filed June 4,
1998. PTO records show an assignment to The Regents of the University of California,
identified as the real party in interest at page 1 of Laiko et al.'s opening brief. Laiko et al. have
not been accorded the benefit as to Count 1 of any earlier application or patent.
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