BAI et al v. LAIKO et al - Page 1



                                                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                                             entered today is not binding precedent of the Board                                         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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