Quate et al. V. Garner - Page 1





              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-                                                            





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