NASH V. Hughes et al. - Page 1




              1    Merits Panel                                                                                Paper 90             
              2    Mail Stop Interference                                                                                           
              3    P.O. Box 1450                                                                                                                   Filed:  27 October 2006
              4    Alexandria Va 22313-1450                                                                                         
              5    Tel: 571-272-4683                                                                                                
              6    Fax: 571-273-0042                                                                                                
              7                                                                                                                     
              8                   UNITED STATES PATENT AND TRADEMARK OFFICE                                                         
              9                                         _______________                                                             
            10                                                                                                                      
            11                          BEFORE THE BOARD OF PATENT APPEALS                                                          
            12                                      AND INTERFERENCES                                                               
            13                                          _______________                                                             
            14                                                                                                                      
            15                                        KENNETH L. NASH                                                               
            16                                             Junior Party                                                             
            17                                          (Patent 6,449,645),                                                         
            18                                                                                                                      
            19                                                   v.                                                                 
            20                                                                                                                      
            21                            AIDAN T. HUGHES and DAVID PEARCE                                                          
            22                                             Senior Party                                                             
            23                                      (Application 09/859,915).                                                       
            24                                          _______________                                                             
            25                                                                                                                      
            26                                   Patent Interference No. 105,356                                                    
            27                                          _______________                                                             
            28                                                                                                                      
            29                                                                                                                      
            30     Before: BARRETT, LEE, and MEDLEY, Administrative Patent Judges.                                                  
            31                                                                                                                      
            32     MEDLEY, Administrative Patent Judge.                                                                             
            33                                                                                                                      
            34                                       Judgment – Bd.R. 127                                                           
            35             The preliminary motions filed in the interference have been decided (Paper 89).                          
            36     Nash did not file a priority statement and agreed during oral argument that there would                          
            37     not be a priority contest (Paper 88, transcript page 5, lines 7-13).  Judgment is entered                        
            38     against Nash.                                                                                                    
            39             Accordingly, it is                                                                                       
            40             ORDERED that judgment on priority as to Count 1 (Paper 1 at 4) the sole count                            
            41     in the interference is awarded against junior party KENNETH NASH.                                                

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