MCCARTHY V. NISSER - Page 1




                                    THIS OPINION WAS NOT WRITTEN FOR PUBLICATION                                                                        
                 The opinion in support of the decision being entered today (1)                                                                         
                 was not written for publication in a law journal and (2) is                                                                            
                 not binding precedent of the Board.                                                                                                    
                                                                                                  Paper No. 8                                           
                                       UNITED STATES PATENT AND TRADEMARK OFFICE                                                                        
                                                                _____________                                                                           
                                             BEFORE THE BOARD OF PATENT APPEALS                                                                         
                                                            AND INTERFERENCES                                                                           
                                                                _____________                                                                           
                                                           GERALD T. McCARTHY                                                                           
                                                               Junior Party1                                                                            
                                                                         v.                                                                             
                                                        GUNILLA LOFGREN NISSER                                                                          
                                                                Senior Party2                                                                           
                 _____________                                                                                                                          
                                                      INTERFERENCE NO. 103,867                                                                          
                 _____________                                                                                                                          
                                                                    JUDGMENT                                                                            
                                                               _____________                                                                            
                                                                                                                                                       
                          McCarthy, the junior party, has filed a statutory                                                                             
                 disclaimer under 35 U.S.C.  253, which, pursuant to 37 CFR                                                                           




                          1Patent No. 5,424,786, granted June 13, 1995, based on                                                                        
                 Application 08/200,182, filed February 22, 1994.  Accorded                                                                             
                 benefit of Canada Application 2,090,713, filed February 23,                                                                            
                 1993.                                                                                                                                  
                          2Application 08/087,813 filed November 1, 1993.                                                                               
                 Accorded benefit PCT Application PCT/BE92/00049, filed                                                                                 
                 November 9, 1992.                                                                                                                      
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