REXFELT et al. V. BEST et al. - Page 2




            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 )                                                              
            )                                                                                          
            )                                                                                          
            )                                                                                          
            ____________________________) BOARD OF PATENT                                              
            MICHAEL SOFOCLEOUS          )   APPEALS AND                                                
            Administrative Patent Judge )  INTERFERENCES                                               
            )                                                                                          
            )                                                                                          
            )                                                                                          
            ____________________________)                                                              
            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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