HALL et al. V. GINTER et al. V. BENSON et al. V. GINTER et al. V. HALL et al. V. BENSON et al. - Page 1




                           THIS DOCUMENT WAS NOT WRITTEN FOR PUBLICATION                                                    
                                AND IS NOT BINDING PRECEDENT OF THE BOARD                                                   
              Filed by: Trial Section Merits Panel                                               Paper No.  176             
              Mail Stop INTERFERENCE                                                        Entered June 8, 2005            
              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                                                          
                                                    _______________                                                         
                                         KARL L. GINTER, VICTOR H. SHEAR,                                                   
                                     FRANCES J. SPAHN and DAVID M. VAN WIE                                                  
                                                       Junior Party                                                         
                                 (Patents 5,920,861; 5,982,891; 6,138,119 and 6,253,193)1                                   
                                                             v.                                                             
                                         GREG BENSON, GREGORY H. URICH                                                      
                                             and CHRISTOPHER L. KNAUFT                                                      
                                                       Senior Party                                                         
                                         (Applications 09/164,606 and 09/321,286)2                                          
                                                    _______________                                                         
                                              Patent Interference No. 105,193                                               
                                                    _______________                                                         
              Before LEE, MOORE and POTEATE, Administrative Patent Judges.                                                  
              LEE, Administrative Patent Judge.                                                                             
                                                Judgment – Bd. Rule 127                                                     
                     On April 11, 2005, the Board issued a decision on priority in this case.  (Paper No. 173)              
              Thereafter, each party was authorized to file a motion, by May 12, 2005, to designate certain                 
              claims as corresponding to the count or to designate certain claims as not corresponding to the               


               1                                                                                                            
                     Based on applications 08/805,804, 08/964,333, 09/300,778, and 09/208,017, respectively.  The earliest accorded
              benefit date is February 13, 1995, the filing date of application 08/388,107.  The real party in interest is InterTrust
              Technologies Corp.                                                                                            
               2                                                                                                            
                     Benson’s earliest accorded benefit date is February 1, 1995, the filing date of Swedish priority application
              9500355-4.  The real party in interest is Macrovision Corporation.                                            





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