PERSICO et al. V. BAYNE 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               (2) is not binding precedent of the Board.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. 17                            

                                  UNITED STATES PATENT AND TRADEMARK OFFICE                                                           
                                                        _____________                                                                 
                                        BEFORE THE BOARD OF PATENT APPEALS                                                            
                                                     AND INTERFERENCES                                                                
                                                        _____________                                                                 
                                      MARIA PERSICO AND DOMENICO MAGLIONE,                                                            
                                                        Junior Party,1                                                                
                                                                 v.                                                                   
                                 MARVIN L. BAYNE AND KENNETH A. THOMAS, JR.,                                                          
                                                        Senior Party.2                                                                
                                                        ______________                                                                
                                         Patent Interference No. 104,082                                                              
                                                       _______________                                                                

               Before RONALD H. SMITH, SOFOCLEOUS, and CAROFF, Administrative                                                         

                       1Application 08/039,297, filed April 19, 1993.  Accorded                                                       
               the benefit of PCT/IT91/00079, filed September 26, 1991.                                                               
               Assignors to Consiglio Nazionale delle Ricerche of Rome,                                                               
               Italy.                                                                                                                 
                       2Application 08/586,039, filed January 16, 1996.                                                               
               Accorded the benefit of U.S. Application 08/124,259, filed                                                             
               September 20, 1993; and U.S. Application 07/676,436, filed                                                             
               March 28, 1991.  Assignors to Merck and Co., Inc.                                                                      
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