Ex Parte KERN et al vs KALEMPA et al - Page 1




                                                 The opinion in support of the decision being                                            
                                              entered today is not binding precedent of the Board.                                       
                Filed by: Trial Section Merits Panel                                                         Paper No.  21               
                Mail Stop INTERFERENCE                                                                                                   
                Board of Patent Appeals and Interferences, USPTO                                                                         
                        P. O.  Box 1450                                                                                                  
                        Alexandria, Virginia 22313-1450                                                                                  
                Tel:  703-308-9797        Fax:  703-305-0942                                                                             
                                   UNITED STATES PATENT AND TRADEMARK OFFICE                                                             
                                                          _______________                                                                
                                         BEFORE THE BOARD OF PATENT APPEALS                                                              
                                                       AND INTERFERENCES                                                                 
                                                          _______________                                                                
                                                RODNEY KERN, DAVE LEPPERT,                                                               
                                            PETER SCHULTE, JAMES SCHWINGLE                                                               
                                                       and DEAN SHANAHAN                                                                 
                                                             Junior Party                                                                
                                                          (Patent 6,330,763)1                                                            
                                                                   v.                                                                    
                                                       WALENTY KALEMPA                                                                   
                                                  and BRIAN NORBERT DRIFKA                                                               
                                                             Senior Party                                                                
                                                      (Application 10/039,381)2                                                          
                                                          _______________                                                                
                                                   Patent Interference No. 105,151                                                       
                                                          _______________                                                                
                Before LEE, LANE, and MEDLEY, Administrative Patent Judges.                                                              
                LEE, Administrative Patent Judge.                                                                                        
                                                        Judgment –  Rule 662                                                             


                        1     Based on Application 09/394,796, filed September 10, 1999.  The real party in                              
                interest is Rite-Hite Holding Corporation.                                                                               
                        2     Filed January 3, 2002.  Accorded the benefit of Application 09/333,732, filed June                         
                15, 1999; and Application 60/090,487, filed June 24, 1998.  The real party in interest is Rytec                          
                Corporation.                                                                                                             





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