BIRBAUM et al. - Page 1

                              The opinion in support of the decision being                             
                        entered today is binding precedent of the Trial Section                        
            Paper 4                                                                                    
            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                                             
                                         PAUL S. WATERMAN,                                             
                                           Junior Party,                                               
                                    (Application 09/049,225),                                          
                          JEAN-LUC BIRBAUM, JEAN RODY, MARIO SLONGO,                                   
                             ANDREAS VALET and ROLAND A. E. WINTER                                     
                                            Senior Party                                               
                                       (Patent 5,736,597).                                             
                                Patent Interference No. 104,500                                        
            Before:  McKELVEY, Senior Administrative Patent Judge, and                                 
            SCHAFER, LEE and TORCZON, Administrative Patent Judges.                                    

            PER CURIAM.                                                                                

                                 ORDER TERMINATING INTERFERENCE                                        
                  A.    Background                                                                     
                  The interference was declared 9 February 2000 and involves a                         
            Waterman application and a Birbaum patent.  Unknown to the board                           
            at the time the interference was declared, was an express                                  
            abandonment of the Waterman application which had been filed by                            
            Waterman on 18 January 2000.  By virtue of a JOINT COMMUNICATION                           

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