RUTTER et al. V. RUTTER et al. V. GEYSEN - Page 2





                   Interference No. 103,681                                                                                                                         


                                                                 HENDRIK M. GEYSEN                                                                                  
                                                                         Senior Party3                                                                              
                                                                         __________                                                                                 
                                                          Patent Interference No. 103,681                                                                           
                                                                        ___________                                                                                 

                   Before URYNOWICZ, SOFOCLEOUS and DOWNEY, Administrative Patent Judges.                                                                           
                   DOWNEY, Administrative Patent Judge.                                                                                                             


                                                                         JUDGMENT                                                                                   
                            On April 7, 1998, junior party, Rutter et al., filed pursuant to 37 CFR § 1.662(a) a                                                    
                   concession of priority to Geysen  (Paper No. 31).                                                                                                
                            Accordingly, JUDGMENT as to the subject matter of the count in issue is hereby                                                          
                   awarded to HENDRIK M. GEYSEN, the   senior party.  Accordingly, WILLIAM J. RUTTER                                                                
                   and DANIEL V. SANTI, the junior party, are not entitled to their U.S. patent No. 5,225,533                                                       
                   containing claims 1-37 corresponding to the count and to their U.S.                                                                              


                   patent No. 5,010,175 containing claims 1-42 corresponding to the count.  On this record,                                                         
                   party Geysen is entitled to a patent containing claims 12 and 14.                                                                                

                            3The application 07/968,366, filed 10/29/92.  Accorded the Benefit of Applications                                                      
                   07/541, 169, filed 06/21/90, now patent No. 5,194,392, granted 03/16/93 Application                                                              
                   06/864,341, filed 05/22/86, all Abandoned; and Australian patent application PG 6188/84,                                                         
                   filed 07/24/84.                                                                                                                                  
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