THIS DOCUMENT WAS NOT WRITTEN FOR PUBLICATION
AND IS NOT BINDING PRECEDENT OF THE BOARD
Filed by: Trial Section Merits Panel Paper No. 42
Mail Stop INTERFERENCE
Board of Patent Appeals and Interferences
United States Patent and Trademark Office
P.O. Box 1450
Alexandria, Virginia 22313-1450
Tel: 571-272-4626 Fax: 571-273-0043
UNITED STATES PATENT AND TRADEMARK OFFICE
_______________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
_______________
JERRY R. SMITH,
Junior Party
(Application 09/031,432)1
v.
OCTAVIO TABACCHI and THOMAS D. LISTON,
Senior Party
(Patent 5,878,613)2
_______________
Patent Interference No. 105,214
_______________
Before LEE, LANE and MEDLEY, Administrative Patent Judges.
LEE, Administrative Patent Judge.
Judgment – Merits – Bd. R. 127
On April 21, 2005, a decision on priority was rendered. (Paper No. 40) Junior party
Smith failed to establish priority relative to senior party Tabacchi. No other matter is now
pending before the Board. Accordingly, it is
ORDERED that judgment as to the subject matter of the count is herein entered against
junior party JERRY R. SMITH;
1Filed February 26, 1998. The real party in interest is Jerry R. Smith and Jon
Kastendieck.
2Based on Application 08/966,431, filed November 7, 1997. The real party in interest
is Secure Concepts, Ltd.
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Last modified: November 3, 2007