WEAVER et al. V. HABERMAN et al. - Page 1




                                    THIS OPINION WAS NOT WRITTEN FOR PUBLICATION                                                                        
                 The opinion in support of the decision being entered today                                                                             
                 (1) was not written for publication in a law journal and                                                                               
                 (2) is not binding precedent of the Board.                                                                                             
                                                                                                               Paper No. 21                            
                                       UNITED STATES PATENT AND TRADEMARK OFFICE                                                                        
                                                                                                                                                       
                                             BEFORE THE BOARD OF PATENT APPEALS                                                                         
                                                            AND INTERFERENCES                                                                           
                                                                                                                                                       
                                                       LINDSAY A. WEAVER, Jr.,                                                                          
                                         GWAIN BAYLEY, EDWARD G. TIEDEMANN, Jr.,                                                                        
                                                        and KLEIN S. GILHOUSEN                                                                          
                                                               Junior Party,1                                                                           
                                                                          v.                                                                            
                                            MICHAEL HABERMAN, and GLENN PIERSON                                                                         
                                                               Senior Party.2                                                                           
                                                                                                                                                       
                                                Patent Interference No. 104,005                                                                         
                                                                                                                                                       
                 Before URYNOWICZ, LEE and TORCZON, Administrative Patent                                                                               
                 Judges.                                                                                                                                
                 LEE, Administrative Patent Judge.                                                                                                      
                                                                    JUDGMENT                                                                            
                          On May 8, 1998, the junior party Weaver et al. filed a                                                                        
                 paper captioned "REQUEST FOR ENTRY OF ADVERSE JUDGMENT" and a                                                                          

                          1Application 08/413,306, filed March 30, 1995, now issued                                                                     
                 as Patent No. 5,594,718, granted January 14, 1997.                                                                                     
                          2Application 08/366,352, filed December 29, 1994.                                                                             





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