Ex Parte Birmingham - Page 1




              Merits Panel Paper 30                                                                                       
              Mail Stop Interference                                                                                      
              P.O. Box 1450 Filed:  January 13, 2006                                                                      
              Alexandria VA 22313-1450                                                                                    
              Tel: 571-272-9797                                                                                           
              Fax: 571-273-0042                                                                                           
                               UNITED STATES PATENT AND TRADEMARK OFFICE                                                  
                                                  _______________                                                         
                                   BEFORE THE BOARD OF PATENT APPEALS                                                     
                                               AND INTERFERENCES                                                          
                                   (Administrative Patent Judge James T. Moore)                                           
                                                  _______________                                                         
                                               MICHAEL BIRMINGHAM                                                         
                                                      Junior Party                                                        
                                                  (Patent 6,689,219),                                                     
                                                            v.                                                            
                                                  JOHN E. SORON,                                                          
                                      MICHAEL NYGARD, RANDY K. KOLEDA,                                                    
                                    BRIAN PHELPS,  RUDOLPH SHVARTSMAN                                                     
                                                           and                                                            
                                               MICHAEL BIRMINGHAM                                                         
                                                      Senior Party                                                        
                                               (Application 09/693,214).                                                  
                                                  _______________                                                         
                                           Patent Interference No. 105,328                                                
                                               (Technology Center 1734)                                                   
                                                  _______________                                                         
                                  Judgment - Request for Adverse - Bd. R. 127(b)                                          
              Before LEE, TIERNEY, and MOORE,  Administrative Patent Judges                                               
                     Birmingham, the junior party in this interference, was to have filed its briefs as to                
              inventorship of each count by December 15, 2005.   No briefs have been filed.  Instead,                     
              on December 28, 2005 Paper 29 was filed which appears to be a request for adverse                           
              judgment.  Paper 29 states that “. . . the Junior party has not been able to timely                         

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