LITCHFIELD et al. V. RUDY - Page 1



                   THIS OPINION WAS NOT WRITTEN FOR PUBLICATION                 
                    and is not binding precedent of the Board                   
         Paper No. 45                                                           
         Filed by:  Trial Section Merits Panel                                  
         Box Interference                                                       
         Washington, D.C.  20231                                                
         Tel:  703-308-9797                                                     
         Fax:  703-305-0942                                                     
                    UNITED STATES PATENT AND TRADEMARK OFFICE                   
                                 _______________                                
                       BEFORE THE BOARD OF PATENT APPEALS                       
                                AND INTERFERENCES                               
                                 _______________                                
                    PAUL E. LITCHFIELD, MATTHEW J. MONTROSS,                    
                       STEVEN F. SMITH, J. SPENCER WHITE,                       
                            and ALEXANDER W. JESSIMAN                           
                                 Junior Party,                                  
                              (Patent 5,771,606),                               
                                       v.                                       
                              MARION FRANKLIN RUDY                              
                                  Senior Party                                  
                            (Application 09/024,353).                           
                                 _______________                                
                         Patent Interference No. 104,510                        
                                 ______________                                 
         Before, SCHAFER, LEE and MEDLEY, Administrative Patent Judges.         
         MEDLEY, Administrative Patent Judge.                                   
                       JUDGMENT PURSUANT TO 37 CFR § 1.662                      
              Upon consideration of the JOINT REQUEST FOR ADVERSE JUDGMENT      
         (Paper 44) filed by Rudy and Litchfield, it is                         







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