NOWOTNY V. RUFO 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                 (2) is not binding precedent of the Board.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. 15                                 

                                       UNITED STATES PATENT AND TRADEMARK OFFICE                                                                        
                                                                _____________                                                                           
                                             BEFORE THE BOARD OF PATENT APPEALS                                                                         
                                                            AND INTERFERENCES                                                                           
                                                                _____________                                                                           
                                                           ROBERT C. NOWOTNY,                                                                           
                                                               Junior Party,1                                                                           
                                                                          v.                                                                            
                                             GEORGE RUFO, JR. and ALVIN THOMAS,                                                                         
                                                               Senior Party.2                                                                           
                                                                _____________                                                                           
                                               Patent Interference No. 103,938                                                                          
                                                               ______________                                                                           

                 Before METZ, PATE and MARTIN, Administrative Patent Judges.                                                                            
                 PATE, Administrative Patent Judge.                                                                                                     

                                                  JUDGMENT UNDER 37 CFR § 1.640                                                                         
                          On March 26, 1998, an Order to Show Cause under 37 CFR                                                                        

                          1Patent 5,385,231, granted January 31, 1995, based on                                                                         
                 Application 08/200,112, filed February 22, 1994.  Assignor to                                                                          
                 Don Evans, Inc., DeForest, Wisconsin.                                                                                                  
                          2Application 08/149,632, filed November 9, 1993.                                                                              
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