MORRISON et al. V. MANNHEIMER 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          for publication in a law journal and (2) is not binding precedent of the      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. 169                        

                      UNITED STATES PATENT AND TRADEMARK OFFICE                         
                                    _______________                                     
                         BEFORE THE BOARD OF PATENT APPEALS                             
                                   AND INTERFERENCES                                    
                                    _______________                                     
                         JAMES P. MORRISON and SAMUEL K. YUE,                           
                                    Junior Party,1                                      
                                          v.                                            
                       PAUL D. MANNHEIMER and DAVID E. GOODMAN,                         
                                    Junior Party,2                                      
                                          v.                                            
                                JOHANNES P. BUSCHMANN,                                  
                                    Senior Party.3                                      
                                    ______________                                      
                           Patent Interference No. 103,197                              
                                    ______________                                      

            Application Serial No. 07/530,875, filed May 29, 1990.1                                                                        
          Assigned to PHox Medical Optics, Inc.                                         
            Application Serial No. 07/752,168, filed August 22,2                                                                        
          1991.  Assigned to Nellcor, Inc.  Accorded benefit of Serial                  
          No. 07/373,342, filed June 29, 1989.                                          
            Application Serial No. 07/573,225, filed September 21,3                                                                        
          1990.  Unassigned.  Accorded benefit of PCT/EP/00170, filed                   
          February 24, 1989, and Fed. Rep. Germany Application                          
          P38 10008.8-35, filed March 24, 1988.                                         




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