Pursuant to the “DECISION – PRIORITY – Bd. R. 125(a)” issued herewith, it is hereby
ORDERED that judgment on the issue of priority with respect to Count 1, the sole count, is
entered in favor of the Junior Party, THOMAS A. MILLER and DARREL C. PINKSTON, and
against the Senior Party, ROBERT D. BRAND, on the ground that the Senior Party derived the
subject matter of the count from the Junior Party.
Accordingly, it is FURTHER ORDERED that THOMAS A. MILLER and DARREL C.
PINKSTON are entitled to retain Claim 1 of their involved patent, their only claim which is
designated as corresponding to the count, and that ROBERT D. BRAND is not entitled to a
patent containing Claim 38 of his involved application, his only claim which is designated as
corresponding to the count.
)
/ss/ John C. Martin )
JOHN C. MARTIN )
Administrative Patent Judge )
)
)
/ss/ Jameson Lee )
JAMESON LEE ) BOARD OF PATENT
Administrative Patent Judge ) APPEALS AND
) INTERFERENCES
)
/ss/ James T. Moore )
JAMES T. MOORE )
Administrative Patent Judge )
)
JCM/jcm
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Last modified: November 3, 2007