RAPOPORT V. DEMENT et al. - Page 39




          Interference 102,760                                                        
          claims are unpatentable under 35 U.S.C. § 102(g)/103 was                    
          DISMISSED by Decision mailed April 12, 1996 (Paper No. 112)                 
          and Reconsideration mailed September 6, 1996 (Paper No. 122).               
               E.   Rapoport’s deferred Motion For Judgement Under 37                 
          CFR §1.633(a) or 37 CFR §1.635 filed June 1, 1993 (Paper No.                
          52), arguing that Dement et al. claims are unpatentable under               
          35 U.S.C. § 102(f), is hereby DENIED.                                       
               The Board’s prior Decision mailed April 12, 1996 (Paper                
          No. 112) and Reconsideration mailed September 6, 1996 (Paper                
          No. 122), including its judgement as to the patentability of                
          claims in Dement et al. Application 07/695,325 and award of                 
          priority of the invention of Count 1 of Interference 102,760,               
          are hereby incorporated by reference and included in the                    
          attached Appendix.  We do not review the prior decisions of                 
          the Board.                                                                  
          8.   Final Disposition                                                      
               For Interference 102,760, it is                                        
               ORDERED that judgement on priority as to the Count 1, the              
          sole count in this interference, is awarded against junior                  
          party                                                                       
          DAVID M. RAPOPORT;                                                          



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