DEATON et al. - Page 1



                         The opinion in support of the decision being                 
                      entered today is not binding precedent of the Board.            
          Paper No. 28                                                                
          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 No. 5,327,508)1                                
                                         v.                                           
              MICHAEL R. O’BRIEN, GEORGE W. OFF and TIMOTHY L. CHERNEY                
                                    Senior Party                                      
                              (Application 08/498,654)2.                              
                                   _______________                                    
                           Patent Interference No. 104,602                            
                                   _______________                                    
          Before: SCHAFER, LEE and MEDLEY, Administrative Patent Judges.              
          LEE, Administrative Patent Judge.                                           
                                      Judgment                                        
               On December 8, 2000, senior party O’Brien filed a paper                
          indicating that the common assignee of the two parties’ involved            
               1                                                                      
               1   Based on application 08/016,991, filed February 10,                
          1993.  Accorded the benefit of application 07/886,385, filed                
          May 19, 1992.  Assigned to Catalina Marketing International, Inc.           
               2                                                                      
               2   Filed July 3, 1995.  Accorded the benefit of application           
          08/088,617, filed July 6, 1993, and application 07/695,650, filed           
          May 6, 1991.  Assigned to Catalina Marketing International, Inc.            




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