DEATON et al. - Page 1



                    THIS OPINION WAS NOT WRITTEN FOR PUBLICATION                      
                      and is not binding precedent of the Board                       
          Paper No. 23                                                                
          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                                   
                                   _______________                                    
                        DAVID W. DEATON and RODNEY G. GABRIEL                         
                                    Junior Party,                                     
                                 (Patent 5,621,812)                                   
                                         v.                                           
              MICHAEL R. O’BRIEN, GEORGE W. OFF and TIMOTHY L. CHERNEY                
                                    Senior Party                                      
                              (Application 08/498,654).                               
                                   _______________                                    
                           Patent Interference No. 104,601                            
                                   _______________                                    
          Before, SCHAFER, TORCZON and MEDLEY, Administrative Patent                  
          Judges.                                                                     
          MEDLEY, Administrative Patent Judge.                                        
                         JUDGMENT PURSUANT TO 37 CFR  1.662                          
               Upon consideration of the RESPONSE TO ORDER (Paper 22), it             
          is                                                                          
                    ORDERED that judgment on priority as to Count 1 (Paper            
          1, page 46), the sole count in the interference, is awarded                 




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