PETTIT et al. V. SAKAKIBARA et al. - 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 or reporter            
                 and (2) is not binding precedent of the Board.                                                                                         

                 Filed by:         Merits Panel                                                                                                         
                                   Administrative Patent Judge                                                                                          
                                   Box Interference                                                                                                     
                                   Washington, D.C. 20231                                                                                               
                                   Tel:     (703)308-9797                                                                                               
                                   Fax:     (703)305-0942                                                                                               
                                                                                                                           Paper 42                     
                                       UNITED STATES PATENT AND TRADEMARK OFFICE                                                                        
                                                                _______________                                                                         

                                              BEFORE THE BOARD OF PATENT APPEALS                                                                        
                                                            AND INTERFERENCES                                                                           
                                                                _______________                                                                         

                                             GEORGE R. PETTIT and JOZSEF BARKOCZY,1                                                                     

                                                                    Junior Party,                                                                       

                                                                          v.                                                                            

                             KYOICHI SAKAKIBARA, MASAAKI GONDO and KOICHI MIYAZAKI,2                                                                    

                                                                    Senior Party.                                                                       
                                                                _______________                                                                         

                                                           Patent Interference 104,012                                                                  
                                                                _______________                                                                         

                 Before: SCHAFER, LEE and TORCZON, Administrative Patent Judges.                                                                        

                 PER CURIUM                                                                                                                             

                                              JUDGMENT PURSUANT TO 37 CFR § 1.662                                                                       




                          1        Application 07/985,831, filed December 3, 1992.                                                                      

                          2                                                                                                                             
                                   Application  08/190,194,  filed  February  9,  1994,  which  claims  the  benefit  of  PCT  application              
                 PCT/JP92/01005, filed August 6, 1992.                                                                                                  







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