WHITE et al. V. ZIKELI et al. - Page 2

                                                         FINAL DECISION                                                                  
                        The party Zikeli has filed a concession of priority.  Paper 33.  Pursuant to 37 CFR § 1.662(a), a                
                concession of priority is treated as a request for adverse judgment as to all claims corresponding to the                
                count.  Accordingly, judgment is awarded against the party Zikeli.  Zikeli is not entitled to a patent on                
                claims 1-4 and 9-10 of patent 5,589,125, corresponding to the count. White is entitled to a patent on the                
                subject matter of claims 1-4, 6-9, 12-17 and 29 of application 08/415,199 corresponding to the count.                    
                        A copy of this decision shall be placed in the files of application 08/415,199 and patent 5,589,125.             






                                RICHARD E. SCHAFER                      )                                                                
                                Administrative Patent Judge             )                                                                
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                                                                        )                                                                
                                ADRIENE L.  HANLON                      )  BOARD OF PATENT                                               
                                Administrative Patent Judge             )      APPEALS AND                                               
                                                                        )   INTERFERENCES                                                
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                                                                        )                                                                
                                ELIZABETH C.  WEIMAR                    )                                                                
                                Administrative Patent Judge             )                                                                















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