NOLAN et al. V. Herrmann et al. - Page 1



                              The opinion in support of the decision being                             
                          entered today is not binding precedent of the board.                         
            Paper 31                                                                                   
            Filed by:                                                                                  
            Merits Panel                                                                               
            Mail Stop Interference                                                                     
            P.O. Box 1450                                     Filed: July 12, 2006                     
            Alexandria Va 22313-1450                                                                   
            Tel: 571-272-4683                                                                          
            Fax: 571-273-0042                                                                          
                          UNITED STATES PATENT AND TRADEMARK OFFICE                                    
                                          _______________                                              
                              BEFORE THE BOARD OF PATENT APPEALS                                       
                                         AND INTERFERENCES                                             
                        (Senior Administrative Patent Judge McKelvey)                                  
                                          _______________                                              
                               STEVEN P. NOLAN and JINKUN HUANG,                                       
                                            Senior Party                                               
                                    (Application 09/392,869).                                          
                                                  v.                                                   
                       WOLFGANG ANTON HERRMANN, WOLFGANG SCHATTENMANN                                  
                                       and THOMAS WESKAMP,                                             
                                            Senior Party                                               
                                    (Application 11/021,967).                                          
                                          _______________                                              
                                Patent Interference No. 105,372                                        
                                      Technology Center 1600                                           
                                          _______________                                              
            Before:  McKELVEY, Senior Administrative Patent Judge, and                                 
            SCHAFER and MOORE, Administrative Patent Judges.                                           
            McKELVEY, Senior Administrative Patent Judge.                                              
      1                                       JUDGMENT                                                 
      23          Upon consideration of a discussion during a conference call                          
      4     on 29 June 2006, wherein counsel for Nolan advised the Board that                          
      5     judgment should be entered as to the Nolan claims designated as                            






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