Ex Parte McPherson - 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                                  AND IS NOT BINDING PRECEDENT OF THE BOARD                                                         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.  33              
               Mail Stop INTERFERENCE                                                             Entered July 15, 2005             
               Board of Patent Appeals and Interferences                                                                            
               United States Patent and Trademark Office                                                                            
               P.O. Box 1450                                                                                                        
               Alexandria, Virginia 22313-1450                                                                                      
               Tel: 571-272-9797  Fax: 571-273-0042                                                                                 
                                  UNITED STATES PATENT AND TRADEMARK OFFICE                                                         
                                                        _______________                                                             
                                        BEFORE THE BOARD OF PATENT APPEALS                                                          
                                                    AND INTERFERENCES                                                               
                                                        _______________                                                             
                                                       GARY L. COOPER                                                               
                                                           Junior Party                                                             
                                                    (Application 10/245,540)1                                                       
                                                                 v.                                                                 
                                                  MATHEW A. McPHERSON                                                               
                                                           Senior Party                                                             
                                                        (Patent 6,321,736)2                                                         
                                                        _______________                                                             
                                                 Patent Interference No. 105,284                                                    
                                                        _______________                                                             
               Before LEE, SPIEGEL and MOORE, Administrative Patent Judge.                                                          
               LEE, Administrative Patent Judge.                                                                                    
                                                  Judgment – Bd. Rule 127(b)                                                        
                       The parties have jointly filed a paper titled “JOINT MOTION REQUESTING                                       
               TERMINATION” (Paper No. 32).  In that paper, McPherson represents that it will no longer file                        
               a motion to add Cooper’s claims 2-9 to the interference, which is understood to mean that it will                    

               1  Filed September 17, 2002.                                                                                         
               2  Based on Application 09/502,354, filed February 11, 2000.                                                         





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