ROSENTHAL et al. V. MOWREY-MCKEE et al. - Page 1




                                       THIS OPINION WAS NOT WRITTEN FOR PUBLICATION                                                       
                        The opinion in (1) was not written for publication and (2) is not binding precedent of the Board.                 
                                                                                                              Paper 141                   
                Filed by: Interference Trial Section Merits Panel                                                                         
                       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                                                                   
                                                          _______________                                                                 

                                           RUTH ANN ROSENTHAL, BARRY F. VAN                                                               
                                                 DUZEE and RAJKUMAR BHATIA                                                                
                                                              Junior Party                                                                
                                                      (Application 08/156,043)                                                            

                                                                    v.                                                                    

                                       MARY F. MOWREY-MCKEE, DAVID W. PROUD                                                               
                                                      and GEORGE E. MINNO                                                                 
                                                              Senior Party.                                                               
                                                          (Patent 5,096,607)                                                              

                                                          _______________                                                                 

                                                   Patent Interference No. 103,536                                                        
                                                          _______________                                                                 

                Before: McKELVEY, Senior Administrative Patent Judge, SCHAFER and  LEE, Administrative Patent                             
                Judges.                                                                                                                   

                PER CURIUM                                                                                                                

                                          JUDGMENT PURSUANT TO 37 CFR § 1.662                                                             

                        Upon consideration of ROSENTHAL’S REQUEST FOR ENTRY OF ADVERSE JUDGMENT                                           
                (Paper 139), it is                                                                                                        







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