ROWLANDS V. Spear et al. - Page 1




                                            The opinion in support of the decision being                                    
                                         entered today is not binding precedent of the Board.                               
                                                                                      Paper 82                             
              Filed by: Trial Section Motions Panel                                                                         
                          Mail Stop Interference                                Filed                                       
                     P.O. Box 1450                                          2 February 2005                                 
                          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                                                          
                                                    _______________                                                         
                                                  PAUL A. ROWLANDS                                                          
                                                       Junior Party,                                                        
                                                    (Patent 6,071,077),                                                     
                                                             v.                                                             
                                        DAVID A. SPEAR, DENNIS N. KANTOR,                                                   
                                     BRUCE P. BIEDERMAN and JOHN A. OROSA                                                   
                                                       Senior Party,                                                        
                                                 (Application 09/874,931).                                                  
                                                    _______________                                                         
                                              Patent Interference No. 105,195                                               
                                                    _______________                                                         
              Before: SCHAFER, LEE, and MEDLEY, Administrative Patent Judges.                                               
              MEDLEY, Administrative Patent Judge.                                                                          
                                             Judgment - Motions - Bd.R. 127                                                 
                     For the reasons given in the Decision on Preliminary Motions (Paper 81), judgment is                   
              herein entered against junior party Rowlands.  In particular, Rowlands failed to file a priority              
              statement alleging an earlier date of invention with respect to the subject matter of the count prior         
              to the senior party Spear’s earliest accorded benefit date of 17 November 1995.  Accordingly,                 
              judgment is entered against junior party Rowlands.  It is                                                     






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