The opinion in support of the decision being
entered today is not binding precedent of the Board.
Paper 31
Filed by: Trial Section Merits Panel
Mail Stop Interference Filed
P.O. Box 1450 30 November 2004
Alexandria, VA 22313-1450
Tel: 571-272-9797
Fax: 571-273-0042
UNITED STATES PATENT AND TRADEMARK OFFICE
_______________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
_______________
ALAIN E. KALOYEROS and BARRY C. ARKLES,
Junior Party,
(Patent 6,139,922),
v.
JOHN J. HAUTALA and JOHANNES F.M. WESTENDORP,
Senior Party,
(Application 09/911,913).
_______________
Patent Interference No. 105,161
_______________
Before: McKELVEY, Senior Administrative Patent Judge, and SCHAFER and POTEATE,
Administrative Patent Judges.
POTEATE, Administrative Patent Judge.
JUDGMENT–RULE 127
On November 16, 2004, the Board received from junior party Kaloyeros a Request for
Adverse Judgment as to Count 1 (Paper 29), the sole count in the interference, and a Joint
Submission of Settlement Agreement Pursuant to 37 C.F.R. § 41.205(a). Accordingly, it is
ORDERED that judgment on priority as to Count 1 (Paper 1 at 5) is awarded
against junior party KALOYEROS.
FURTHER ORDERED that junior party KALOYEROS is not entitled to claims
1-19 and claims 23-25 of U.S. Patent No. 6,139,922, which correspond to Count 1.
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