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




                                                                FINAL DECISION                                                                            
                           The party Zikeli has filed a concession of priority.  Paper 30.  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 2-5, 7-10 and 13-18 of application 08/415,598, corresponding to the count.                                     
                           A copy of this decision shall be placed in the files of application 08/415,598 and patent 5,589,125.                           








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













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