RUIZ et al v. PELZER et al - Page 2




         Interference No. 102,915                             Paper No. 62           
         Ruiz v. Pelzer                                             Page 2           
                                       ORDER                                         
              Upon consideration of the record of this interference, it is           
              ORDERED that judgment on priority as to Count A is awarded             
         against senior party Pelzer;                                                
              FURTHER ORDERED that HERMANN PELZER and WERNER STÜBER are              
         not entitled to a patent containing claims 1-5 of 5,071,954,                
         which correspond to Count A;                                                
              FURTHER ORDERED that, based on the record before us, junior            
         party Ruiz is entitled to a patent containing claims 31 and 32 of           
         07/151,735, which correspond to Count A; and                                
              FURTHER ORDERED that a copy of this decision be entered in             
         the administrative records for 07/151,735 and 5,071,954.                    




                            MARY F. DOWNEY                                           
                            Administrative Patent Judge                              


                                                              BOARD OF               
                            WILLIAM F. SMITH                   PATENT                
                            Administrative Patent Judge      APPEALS AND             
                                                            INTERFERENCES            


                            RICHARD TORCZON                                          
                            Administrative Patent Judge                              












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