Interference 105,192 Paper 94
Stice v. Campbell
corresponding to the count: thus, Stice patent 6,235,970 is not
an impediment to the issuance of a patent to Campbell based on
the 09/989,126 involved application. Similarly, Stice is not
entitled to a patent on any of the claims in its reissue
application: Thus, the Stice reissue application is not an
impediment to the issuance of a patent to Campbell based on the
10/833,993 reissue application. Moreover, Campbell, as the
senior party, is presumed to be entitled to the decision on
priority.
Under these circumstances, no purpose would be served by
proceeding to a priority contest in this interference.
II. Order
In view of the findings of fact and conclusions of law set
out in Paper 93 (Decision – substantive motions) of this
interference, it is:
ORDERED that Steven L. Stice, Jose Cibelli, James Robl,
Paul Golueke, F. Abel Ponce de Leon, and D. Joseph Jerry are not
entitled to a patent containing claims 1–21 of U.S. Patent No.
6,235,970.
FURTHER ORDERED that Steven L. Stice, Jose Cibelli,
James Robl, Paul Golueke, F. Abel Ponce de Leon, and D. Joseph
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