WINKER V. ABILEAH 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                          written for publication in a law journal and (2) is not binding precedent                                                     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 No. 21                      
                 Filed by: Trial Section Merits Panel                                                                                                   
                 Box Interference                                                                                                                       
                 Washington, D.C.  20231                                                                                                                
                 Tel:  703-308-9797                                                                                                                     
                 Fax:  703-305-0942                                                                                                                     
                                       UNITED STATES PATENT AND TRADEMARK OFFICE                                                                        
                                                              _______________                                                                           
                                             BEFORE THE BOARD OF PATENT APPEALS                                                                         
                                                            AND INTERFERENCES                                                                           
                                                              _______________                                                                           
                                                              BRUCE K. WINKER                                                                           
                                                                Junior Party,                                                                           
                                                       (Patent No. 5,612,801)1                                                                          
                                                                          v.                                                                            
                                                       ADIEL ABILEAH, GANG XU,                                                                          
                                                       and PATRICK F. BRINKLEY                                                                          
                                                                 Senior Party                                                                           
                                                      (Application 08/881,667)2                                                                         
                                                              _______________                                                                           
                                                Patent Interference No. 104,372                                                                         
                                                              _______________                                                                           


                          1Filed September 30, 1994.  Accorded the benefit of                                                                           
                 application 08/223,251, filed April 4, 1994, now Patent No.                                                                            
                 5,504,603, granted April 2, 1996.  The real party in interest                                                                          
                 is Rockwell Science Center, LLC.                                                                                                       
                          2Filed June 24, 1997.  Accorded the benefit of                                                                                
                 application 08/595,068, filed February 1, 1996, application                                                                            
                 08/451,962, filed May 26, 1995, now Patent No. 5,818,615,                                                                              
                 granted October 6, 1998, and application 08/160,731, filed                                                                             
                 December 2, 1993, now Patent No. 5,499,126, granted March 12,                                                                          
                 1996.  The real party in interest is OIS Optical Imaging                                                                               
                 Systems, Inc.                                                                                                                          





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