SPALECK et al. V. FUJITA 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               journal and (2) is not binding precedent of the                        
               Board.                                                                 
          Paper 75                                                                    
          Filed by:  Trial Section                                                    
          Box Interference                        Entered                             
          Washington, D.C.  20231             16 November 1999                        
          Tel:  703-308-9797                                                          
          Fax:  703-305-0942                                                          
                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                   _______________                                    
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                   
                                   _______________                                    
                WALTER SPALECK, JUERGEN ROHRMANN and MARTIN ANTBERG,                  
                                    Junior Party,                                     
                                 (Patent 5,329,033),                                  
                                          v.                                          
                TAKASHI FUJITA, TOSHIHIKO SUGANO and HIDESHI UCHINO,                  
                                    Senior Party                                      
                              (Application 08/678,686).                               
                                   _______________                                    
                           Patent Interference No. 104,284                            
                                   _______________                                    
          Before:  McKELVEY, Senior Administrative Patent Judge, and                  
          SCHAFER and TORCZON, Administrative Patent Judges.                          
                                   FINAL JUDGMENT                                     
               Upon consideration of the MEMORANDUM IN SUPPORT OF FINAL               
          JUDGMENTS (Paper 74), and for the reasons given therein, it is              
                    ORDERED that Spaleck Preliminary Motion 1 is denied.              







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