Interference No. 103,686
Rexfelt et al., the junior party, failed to make any showing
why judgment on the record should not be entered against them, in
view of the fact that the dates set forth in their preliminary
statement are subsequent to the effective filing date of Best et
al., the senior party, and the time allowed for such showing has
expired.
Accordingly, pursuant to the order of July 18, 1997,
judgment under 37 CFR § 1.640(e) as to the subject matter of the
count in issue is awarded to Best et al., the senior party.
Rexfelt et al., the junior party, are not entitled to a patent
containing claims 1 to 6 and 9 to 18 corresponding to the count.
____________________________)
RONALD H. SMITH )
Administrative Patent Judge )
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)
)
____________________________) BOARD OF PATENT
MICHAEL SOFOCLEOUS ) APPEALS AND
Administrative Patent Judge ) INTERFERENCES
)
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____________________________)
MARY F. DOWNEY )
Administrative Patent Judge )
Attorney for Rexfelt et al.
Joseph C. Sullivan
Kane, Dalsimer & Sullivan
711 3rd Ave. - 20th Floor
New York, NY 10017
Attorney for Best et al.
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