Ex Parte Kain - 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                                                     entered today is not binding precedent of the Board.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.  45                     
                  Mail Stop INTERFERENCE                                                                                                                        
                  Board of Patent Appeals and Interferences                                                                                                     
                  United States Patent and Trademark Office                                                                                                     
                  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                                                                                
                                                                    _______________                                                                             

                                                                    RICHARD CONE                                                                                

                                                                        Junior Party,                                                                           
                                                                (Patent No.  6,543,846)1                                                                        

                                                                              v.                                                                                

                                                                    JAMES M.  KAIN                                                                              

                                                                        Senior Party                                                                            
                                                              (Applications 10/437,379)2                                                                        
                                                                    _______________                                                                             

                                                           Patent Interference No. 105,236                                                                      
                                                                    _______________                                                                             

                  Before LEE, LANE, and MEDLEY, Administrative Patent Judges.                                                                                   

                  LEE, Administrative Patent Judge.                                                                                                             

                                                               Judgment –  Rule 41.206                                                                          




                            1     Based on Application 09/864,427, filed May 24, 2001.                                                                          

                            2     Filed May 14, 2003.  Accorded the benefit of Application 10/074,637, filed                                                    
                  February 13, 2002, Application 60/307,909, filed July 26, 2001, and Application 60/269,596,                                                   
                  filed February 16, 2001.                                                                                                                      






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