Merits Panel Paper 37 Mail Stop Interference P.O. Box 1450 Filed: December 14, 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 Jameson Lee) HAROLD R. GARNER Junior Party (Application 09/998,341), v. CALVIN F. QUATE and DAVID STERN Senior Party (Patent 6,480,324). Patent Interference No. 105,455 (JL) (Technology Center 1600) Before SCHAFER, LEE, and MOORE, Administrative Patent Judges. MOORE, Administrative Patent Judge. 1 JUDGMENT - Bd. R. 127(a) 2 3 Garner has failed to explain why judgment should not be entered against it based 4 upon its failure to establish that it could prevail on the issue of priority. 37 CFR § 5 41.202(d) (2005). 6 Upon consideration of the decision on the Order to Show Cause, it is 7 ORDERED that judgment on priority as to Count 1 (the sole count in the 8 interference; Paper 1, page 4) is awarded against Junior Party Harold R. Garner -1-Page: 1 2 3 NextLast modified: November 3, 2007