1 Merits Panel Paper 25 2 Mail Stop Interference 3 P.O. Box 1450 Filed September 13, 2006 4 Alexandria VA 22313-1450 5 Tel: 571-272-9797 6 Fax: 571-273-0042 7 8 UNITED STATES PATENT AND TRADEMARK OFFICE 9 BEFORE THE BOARD OF PATENT APPEALS 10 11 AND INTERFERENCES 12 (Administrative Patent Judge Jameson Lee) 13 14 HAROLD R. GARNER 15 16 Junior Party 17 (Application 09/999,239), 18 19 v. 20 21 CALVIN F. QUATE 22 and 23 DAVID STERN 24 Senior Party 25 (Patent 6,271,957). 26 Patent Interference No. 105,445 (JL) 27 28 (Technology Center 1600) 29 30 31 32 Before SCHAFER, LEE, and MOORE, Administrative Patent Judges. 33 34 MOORE, Administrative Patent Judge. 35 36 JUDGMENT - Bd. R. 127(a) 37 38 Garner has failed to explain why judgment should not be entered against it based 39 upon its failure to establish that it could prevail on the issue of priority. 37 CFR § 40 41.202(d) (2005). 41 Upon consideration of the decision on the Order to Show Cause, it is 42 ORDERED that judgment on priority as to Count 1 (the sole count in the 43 interference; Paper 1, page 4) is awarded against Junior Party Harold R. Garner -1-Page: 1 2 3 NextLast modified: November 3, 2007