JUNG et al. V. ELINGS et al. - 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                                                         AND IS NOT BINDING PRECEDENT OF THE BOARD                                                                                                                            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.  29                                 
                          Mail Stop INTERFERENCE                                                                                                                 Entered March 29, 2006                                       
                          Board of Patent Appeals and Interferences                                                                                                                                                           
                          United States Patent and Trademark Office                                                                                                                                                           
                          P.O. Box 1450   Alexandria, Virginia 22313-1450                                                                                                                                                     
                          Tel: 571-272-9797  Fax: 571-273-0042                                                                                                                                                                

                                                          UNITED STATES PATENT AND TRADEMARK OFFICE                                                                                                                           
                                                                                              _______________                                                                                                                 

                                                                   BEFORE THE BOARD OF PATENT APPEALS                                                                                                                         
                                                                                        AND INTERFERENCES                                                                                                                     
                                                                                              _______________                                                                                                                 

                                                                          PAN S. JUNG and DAPHNA R. YANIV                                                                                                                     

                                                                                                    Junior Party                                                                                                              
                                                                                      (U.S. Patent No. 5,587,523)1                                                                                                            

                                                                                                             v.                                                                                                               

                                                                          VIRGIL B. ELINGS, JOHN A. GURLEY                                                                                                                    
                                                                                                           and                                                                                                                
                                                                                                 DROR SARID                                                                                                                   

                                                                                                    Senior Party                                                                                                              
                                                                                        (Application 08/781,467)2                                                                                                             
                                                                                              _______________                                                                                                                 

                                                                                   Patent Interference No. 105,396                                                                                                            
                                                                                              _______________                                                                                                                 

                          Before LEE, MEDLEY and MOORE, Administrative Patent Judges.                                                                                                                                         

                          LEE, Administrative Patent Judge.                                                                                                                                                                   

                                                                                    Judgment – Bd. Rule 127(b)                                                                                                                




                          1   Based on Application 08/427,353, filed 02/15/95.  Accorded the benefit of Application 08/190,948, filed 02/03/94.                                                                               
                          The real party in interest is Agilent Technologies, Inc.                                                                                                                                            

                          2   Filed 01/10/97.  Accorded the benefit of Application 08/394,792, filed 02/27/95; Application 07/687,684, filed                                                                                  
                          04/19/91; and Application 07/442,256, filed 11/28/89.  The real party in interest is VEECO, INC.                                                                                                    







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