DEATON et al. - Page 1



                    THIS OPINION WAS NOT WRITTEN FOR PUBLICATION                      
                      and is not binding precedent of the Board                       
          Paper No. 23                                                                
          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                                   
                                   _______________                                    
                        DAVID W. DEATON and RODNEY G. GABRIEL                         
                                    Junior Party,                                     
                                 (Patent 5,621,812)                                   
                                         v.                                           
              MICHAEL R. O’BRIEN, GEORGE W. OFF and TIMOTHY L. CHERNEY                
                                    Senior Party                                      
                              (Application 08/498,654).                               
                                   _______________                                    
                           Patent Interference No. 104,601                            
                                   _______________                                    
          Before, SCHAFER, TORCZON and MEDLEY, Administrative Patent                  
          Judges.                                                                     
          MEDLEY, Administrative Patent Judge.                                        
                         JUDGMENT PURSUANT TO 37 CFR § 1.662                          
               Upon consideration of the RESPONSE TO ORDER (Paper 22), it             
          is                                                                          
                    ORDERED that judgment on priority as to Count 1 (Paper            
          1, page 46), the sole count in the interference, is awarded                 




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