LITCHFIELD et al. V. RUDY - Page 1

                   THIS OPINION WAS NOT WRITTEN FOR PUBLICATION                 
                    and is not binding precedent of the Board                   
         Paper No. 45                                                           
         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 E. LITCHFIELD, MATTHEW J. MONTROSS,                    
                       STEVEN F. SMITH, J. SPENCER WHITE,                       
                            and ALEXANDER W. JESSIMAN                           
                                 Junior Party,                                  
                              (Patent 5,771,606),                               
                              MARION FRANKLIN RUDY                              
                                  Senior Party                                  
                            (Application 09/024,353).                           
                         Patent Interference No. 104,510                        
         Before, SCHAFER, LEE and MEDLEY, Administrative Patent Judges.         
         MEDLEY, Administrative Patent Judge.                                   
                       JUDGMENT PURSUANT TO 37 CFR  1.662                      
              Upon consideration of the JOINT REQUEST FOR ADVERSE JUDGMENT      
         (Paper 44) filed by Rudy and Litchfield, it is                         

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