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               (2) is not binding precedent of the Board.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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