HAMMOND et al. V. HAMMOND et al. V. HAMMOND et al. V. LEIDEN et al. - Page 1







                                                  The opinion in support of the decision being                                            
                                               entered today is not binding precedent of the Board.                                       
                                                                                                Paper 115                                 
                  Filed by: Motions Panel                                                                                                 
                  Mail Stop Interference Filed:                                                                                           
                  P.O. Box 1450 5 August 2005                                                                                             
                  Alexandria Va 22313-1450                                                                                                
                  Tel: 571-272-9797                                                                                                       
                  Fax: 571-273-0042                                                                                                       
                                     UNITED STATES PATENT AND TRADEMARK OFFICE                                                            
                                                                                                            FAXED                         

                                           BEFORE THE BOARD OF PATENT APPEALS                                                             
                                                       AND INTERFERENCES AUG50 5 - 20                                                     
                                           (Administrative Patent Judge Sally Gardner Lane)                                               
                                                                                                            PAT. & TM. OFFICE             
                                                                                                       130ARD OF PATENT APPEALS           
                                                        H. KIRK HAMMOND, AND INTERFERENCES                                                
                                     FRANK J. GIORDANO, and WOLFGANG H. DILLIVIANN                                                        
                                                              Junior Party,                                                               
                                             (Patents 5,792,453, 6,100,242, and 6,174,871),                                               
                                                                    V.                                                                    

                                                        JEFFREY M. LEIDEN                                                                 
                                                           and ELIAV BARR                                                                 
                                                              Senior Party,                                                               
                                                       (Application 09/371,683).                                                          


                                                    Patent Interference No. 105,217                                                       


                  Before: TORCZON, GARDNER LANE and TIERNEY, Administrative Patent Judges.                                                
                  TIERNEY, Administrative Patent Judge.                                                                                   

                                                  FINAL JUDGMENT - Bd. R, 127                                                             

                          An Order to Show Cause (Paper No. 112) was issued on July 11, 2005. In the Order,                               
                  Junior Party Leiden was directed to show cause why this case must proceed to the question of                            
                  priority given that Leiden is junior to Hammond by more than two years. Specifically, based                             










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