ANDERSON et al. V. EPPSTEIN et al. - Page 1




                         The opinion in support of the decision being                 
                      entered today is not binding precedent of the Board.            
          Paper 40                                                                    
          Filed by:  Fred E. McKelvey                                                 
          Senior Administrative Patent Judge                                          
          Box Interference                         Filed                              
          Washington, D.C.  20231              20 February 2002                       
          Tel:  703-308-9797                                                          
          Fax:  703-305-0942                                                          
                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                   _______________                                    
                          BEFORE THE BOARD OF PATENT APPEALS                          
                                  AND INTERFERENCES                                   
                                   _______________                                    
                        W. FRENCH ANDERSON, R. MICHAEL BLAESE                         
                              and STEVEN A. ROSENBERG,                                
                                    Junior Party,                                     
                                 (Patent 5,399,346),                                  
                                         v.                                           
              DEBORAH A. EPPSTEIN, PHILIP L. FELGNER, THOMAS R. GADEK,                
                        GORDON H. JONES and RICHARD B. ROMAN,                         
                                    Senior Party                                      
                              (Application 08/609,702),                               
                          Patent Interference 104,711 (McK)                           
                                   _______________                                    
          Before:  McKELVEY, Senior Administrative Patent Judge, and                  
          GARDNER-LANE and MEDLEY, Administrative Patent Judges.                      

          McKELVEY, Senior Administrative Patent Judge.                               

                         JUDGMENT PURSUANT TO 37 CFR § 1.662                          
               Upon consideration of the REQUEST FOR ENTRY OF ADVERSE                 
          JUDGMENT (Paper 38), it is                                                  
                    ORDERED that judgment on priority as to Count 1, the              
          sole count in the interference, is awarded against senior party             
          DEBORAH A. EPPSTEIN, PHILIP L. FELGNER, THOMAS R. GADEK,                    
          GORDON H. JONES and RICHARD B. ROMAN.                                       






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