KIPOURAS et al. V. BARNHOUSE et al. - Page 6

          Interference No. 103,029                                                    

          Patent Judge (APJ).  Junior party Kipouras moved for benefit                
          of the filing date of U.S. Patent No. 4,588,773.  The patent                
          was filed for on December 21, 1984 in the names of Alan R.                  
          Federl and George P. Kipouras and will be referred to                       
          hereinafter as the Federl patent as the parties have done.                  
          Decision on the motion was deferred to final hearing.  If this              
          motion were to be granted, junior party Kipouras would be the               
          senior party in   this interference.                                        
                    During the testimony period, senior party Barnhouse               
          filed two motions for leave to amend the senior party’s                     
          preliminary statement to add an allegation of derivation.                   
          Decisions on these motions have been deferred to final                      
          hearing. If one or both of the motions to amend the                         
          preliminary statement of the senior party are granted in this               
          decision, then the senior party’s evidence of derivation will               
          be considered in this decision.                                             
                    According to the Kipouras main brief at page 2,                   
          Kipouras does not intend to present a priority case at final                
          hearing.  However, the declaration of Emily Richeson, KR693-                


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