Ex Parte Cording - 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                                 AND IS NOT BINDING PRECEDENT OF THE BOARD                                                     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.  66             
              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: 571-272-0943                                                                             
                                 UNITED STATES PATENT AND TRADEMARK OFFICE                                                     
                                                      _______________                                                          
                                      BEFORE THE BOARD OF PATENT APPEALS                                                       
                                                  AND INTERFERENCES                                                            
                                                      _______________                                                          
                                              CHRISTOPHER R.  CORDING                                                          
                                                         Junior Party                                                          
                                                  (Application 10/400,067)1                                                    
                                                              v.                                                               
                                                RICHARD J.  RICHARDSON                                                         
                                              and BENNIE REED DOWNING                                                          
                                                         Senior Party                                                          
                                                   (Patent No.  6,606,832)2                                                    
                                                      _______________                                                          
                                                Patent Interference No. 105,224                                                
                                                      _______________                                                          
              Before LEE, MEDLEY and MOORE, Administrative Patent Judge.                                                       
              LEE, Administrative Patent Judge.                                                                                
                                            Judgment – Motions – Bd. Rule 127                                                  
                      On April 1, 2005, in a decision on preliminary motions we held that all of junior party                  
              Cording’s claims corresponding to the count are unpatentable over prior art and some of senior                   
              party Richardson’s claims corresponding to the count are unpatentable over prior art.  Because                   




                1                                                                                                              
                     Filed on March 27, 2003.  Accorded the benefit of Application 09/909,262, filed July 19, 2001.  The real party in
              interest is AFG Industries, Inc.                                                                                 
                2                                                                                                              
                     Based on Application 09/877,697, filed June 9, 2001.  The real party in interest is Anthony, Inc.         





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