Ex Parte MONTGOMERY - 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                                   AND IS NOT BINDING PRECEDENT OF THE BOARD                                                            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.  19               
                Mail Stop INTERFERENCE                                                                                                  
                Board of Patent Appeals and Interferences                                                                               
                United States Patent and Trademark Office                                                                               
                P.O. Box 1450                                                                                                           
                Alexandria, Virginia 22313-1450                                                                                         
                Tel:  703-308-9797  Fax:  703-305-0942                                                                                  
                                   UNITED STATES PATENT AND TRADEMARK OFFICE                                                            
                                                          _______________                                                               

                                         BEFORE THE BOARD OF PATENT APPEALS                                                             
                                                      AND INTERFERENCES                                                                 
                                                          _______________                                                               

                                        STEPHEN NICKLES, MICHAEL HAWTHORNE,                                                             
                                           JOHN HALEY and BRYAN McLAUGHLIN                                                              

                                                             Junior Party                                                               
                                                      (Application 09/661,566)1                                                         

                                                                   v.                                                                   

                                                  STEPHEN R. MONTGOMERY                                                                 

                                                             Senior Party                                                               
                                                       (Patent No. 5,950,967)2                                                          
                                                          _______________                                                               

                                                  Patent Interference No. 105,306                                                       
                                                          _______________                                                               

                Before SCHAFER, LEE and LANE, Administrative Patent Judge.                                                              

                LEE, Administrative Patent Judge.                                                                                       

                                       Judgment – Order to Show Cause – Bd. R. 202(d)                                                   

                        In accordance with the decision (Paper No. 16) on party Nickles’ response (Paper No. 15)                        

                to the show cause order of April 28, 2005 (Paper No. 2), it is                                                          






                 1                                                                                                                      
                       Filed September 14, 2000.  Accorded the benefit of Application 09/151,286, filed September 11, 1998, and         
                Application 60/058,970, filed September 12, 1997.  According to party Nickles, the real party in interest is New York Air
                Brake Corporation, owned by Knorr-Brake Holding Corporation, which is in turn owned by Knorr-Bremse AG.                 
                 2                                                                                                                      
                       Based on Application 08/911,619, filed August 15, 1997.  The real party in interest is Westinghouse Air          
                Brake Company.                                                                                                          







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