SMITH et al. V. SAUTER - 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                was not written for publication in a law journal and (2) is not                                                               
                binding precedent of the Board.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. 30                                               

                                    UNITED STATES PATENT AND TRADEMARK OFFICE                                                                 
                                                              __________                                                                      

                                          BEFORE THE BOARD OF PATENT APPEALS                                                                  
                                                        AND INTERFERENCES                                                                     
                                                              __________                                                                      
                                            FLOYD S. SMITH and MARK E. CARIM                                                                  
                                                            Junior Party1                                                                     
                                                                     v.                                                                       
                                                          ERICH W. SAUTER                                                                     
                                                           Senior Party        2                                                              
                                                              __________                                                                      
                                                  Interference No. 103,850                                                                    
                                                             ___________                                                                      
                                                                JUDGMENT                                                                      
                                                             ___________                                                                      

                Before URYNOWICZ, SOFOCLEOUS and DOWNEY, Administrative Patent                                                                
                Judges.                                                                                                                       


                         1Application 08/074,064, filed June 9, 1993, now Patent No.                                                          
                5,415,868, issued May 16, 1995.  Assignor L. Perrigo Company.                                                                 
                         2Application 08/323,160, filed October 14, 1994.  Accorded                                                           
                benefit of Application 08/180,550, filed January 12, 1994, now                                                                
                Patent No. 5,511,361, issued April 30, 1996; and Application                                                                  
                07/927,066 filed August 7, 1992, now Patent No. 5,317,849, issued                                                             
                June 7, 1994.                                                                                                                 
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