WALLACH et al. V. SMITH - Page 1



                             The opinion in support of the decision being entered today was not                                      
                             written for publication and is not binding precedent of the Board.                                      


              Box Interference                                                              Paper No. 73                             
              Filed by: APJ ELLIS                                                                                                    
              Box Interference                                                                                                       
                     Washington, DC   20231                                                                                          
                     Tel: 703-308-9797                                                                                               
                     Fax: 703-308-7952 or 53                                                                                         
                                   UNITED STATES PATENT AND TRADEMARK OFFICE                                                         
                                                         _______________                                                             
                                        BEFORE THE BOARD OF PATENT APPEALS                                                           
                                                     AND INTERFERENCES                                                               
                                                         _______________                                                             
                                        DAVID WALLACH and CORD BRAKEBUSCH,                                                           
                                                           Junior Party,1                                                            
                                                                   v.                                                                
                                                         CRAIG A. SMITH,                                                             
                                                          Senior Party,2                                                             
                                                        ________________                                                             
                                                 Patent Interference No. 103,854                                                     
                                                         _______________                                                             
                                                      HEARD: July 25, 2000                                                           
                                                         _______________                                                             
              CAROFF, DOWNEY, and ELLIS, Administrative Patent Judges.                                                               
              ELLIS, Administrative Patent Judge.                                                                                    
                                                         FINAL DECISION                                                              

                       1   Application 07/925,687, filed August 7, 1992, now Patent No. 5,478,925,                                   
               issued December 26, 1995.  Accorded Benefit of Israel, Serial No. 99120, filed August                                 
               7, 1991.  Assignor to Yeda Research and Development Co., Ltd.                                                         
                       2   Application 08/406,824, filed March 20, 1995.  Accorded Benefit of Application                            
               08/255,849, filed June 8, 1994; Application 07/860,710, filed March 30, 1992, all                                     
               abandoned; and Application 07/523,635, filed May 10, 1990, now Patent No.                                             
               5,395,760, issued March 7, 1995.                                                                                      

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