LEE V. MCINTYRE et al. - Page 1




                         The opinion in support of the decision being                 
                       entered today is not binding precedent of the Board.           
          Paper 38                                                                    
          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                                   
                                   _______________                                    
                                   SHAU-TARNG LEE,                                    
                                    Junior Party,                                     
                                 (Patent 5,667,728),                                  
                                         v.                                           
            WILLIAM D. McINTYRE, RODERICK R. ALIRE and RONALD N. CLAZIE,              
                                    Senior Party                                      
                              (Application 08/546,025).                               
                                   _______________                                    
                           Patent Interference No. 104,461                            
                                   _______________                                    
          Before:  McKELVEY, Senior Administrative Patent Judge, and                  
          SCHAFER and LEE, Administrative Patent Judges.                              

          McKELVEY, Senior Administrative Patent Judge.                               

                         JUDGMENT PURSUANT TO 37 CFR § 1.640                          
               An order to show cause (Paper 36) was entered on 18 May                
          2000 requiring a response by Lee by 23 June 2000.  A response               
          has not been filed.  On 27 June 2000, Ms. Yolunda Townes, a                 







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