MONNIER et al. V. FISCHER - Page 2




          Interference No. 103,455                                                    


                          Patent Interference No. 103,455                             
                                   ______________                                     
          Before CAROFF, DOWNEY, and HANLON, Administrative Patent                    
          Judges.                                                                     
          CAROFF, Administrative Patent Judge.                                        

                                      JUDGMENT                                        

               Fischer, the senior party, has filed a request for entry               
          of an adverse judgment (Paper No. 160) pursuant to 37 CFR                   
          § 1.662(a).  Accordingly, judgment is hereby entered as                     
          follows:                                                                    
               Judgment as to the subject matter of the sole count in                 
          issue (count 2 - see Redeclaration Paper No. 68) is hereby                  
          awarded to Monnier et al.,3 the junior party.                               
               Martin Fischer is not entitled to his patent claims 1-6                
          corresponding to the count.                                                 
               On this record, junior party Monnier et al. is entitled                
          to its claims 72-73 corresponding to the count.  For                        


               3The junior party is nominally referred to as "Monnier et              
          al." as originally designated.  However, the junior party may               
          be more accurately referred to as "Falling" since all-named                 
          inventors have been deleted from the involved junior party                  
          application except for Stephen N. Falling (see Redeclaration                
          Paper No. 68).                                                              
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