Ex Parte MCLAIN - Page 1




                         The opinion in support of the decision being                 
                      entered today is not binding precedent of the Board.            
          Paper 14                                                                    
          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                                   
                                   _______________                                    
                          CARL C. GRECO and JOHST H. BURK,                            
                                    Junior Party,                                     
                              (Application 08/245,397),                               
                                         v.                                           
                                  STEPHAN J. McLAIN                                   
                                    Senior Party                                      
                                 (Patent 5,304,666).                                  
                                   _______________                                    
                           Patent Interference No. 104,594                            
                                   _______________                                    
          Before:  McKELVEY, Senior Administrative Patent Judge, and                  
          GARDNER-LANE and MEDLEY, Administrative Patent Judges.                      

          McKELVEY, Senior Administrative Patent Judge.                               

                         JUDGMENT PURSUANT TO 37 CFR  1.662                          
               Upon consideration of GRECO'S ABANDONMENT OF THE CONTEST               
          (Paper 13), it is                                                           
                    ORDERED that judgment on priority as to Count 1                   
          (Paper 1, page 47), the sole count in the interference, is                  
          awarded against junior party Carl C. Greco and Johst H. Burk.               
                    FURTHER ORDERED that junior party Carl C. Greco and               
          Johst H. Burk is not entitled to a patent containing claims 1,              






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