07635910 (B.P.A.I. Apr. 30, 2002)

Ex Parte Pricer

Board of Patent Appeals and InterferencesApr 30, 2002

07635910 (B.P.A.I. Apr. 30, 2002)

The opinion in support of the decision being entered today is not binding precedent of the Board Paper No. 20 Filed by: Trial Section Merits Panel Box Interference Washington, D.C. 20231 Tel: 703-308-9797 Fax: 703-305-0942 UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE BOARD OF PATENT APPEALS AND INTERFERENCES WILBUR D. PRICER, Ix Junior Party, FA ED (Patent 5,222,109), V. APR 3 0 2002 ELIYAHOU HARART, PAT & T M. OFFICE BOARD OF PATENT APPEALS Senior Party, ANDINTERFERENCES (Application 08/154,162). Patent Interference No. 104,780 Before, SCHAFER, TORCZON and MEDLEY, Administrative Patent Judges. MEDLEY, Administrative Patent Judge. JUDGMENT PURSUANT TO 37 CFR Â§ 1.662 Upon consideration of the RESPONSE TO ORDER TO SHOW CAUSE (Paper 19), it is ORDERED that judgment on priority as to Count 1 (Paper 1, page 5), the sole count in the interference, is awarded againstjunior party WILBUR D. PRICER. FURTHER ORDERED that junior party WILBUR D. PRICER is not entitled to a patent containing claims 1-3, 9-11 and 16 (corresponding to Count 1) of U.S. patent 5,222,109. FURTHER ORDERED that a copy of this paper shall be made of record in files of application 08/154,162 and U.S. Patent 5,222,109. zeneÃ½ z EÃ½ICHARD E. SCHAPERÃ½ Administrative Patent//J-Ã½udge BOARD OF PATENT FÃ½ICARD T ZON APPEALS AND Administrative P t t Judge INTERFERENCES SALLY 7. MEDLEY Administrative Pate/t Judge 2 cc (via fax and federal express): Attorney for Pricer: WilliamH. Mandir SUGHRUE MION, PLLC 2100 Pennsylvania Ave., N.W., Suite 800 Washington, D.C. 20037-3202 'Fax: (202)293-7860 Attorney for Harari: Gerald P. Parsons Skjerven, Morrill, MacPherson, LLP Three Embarcadero Center, Suite 2800 San Francisco, CA 94111 Fax: (415)434-0646 3