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                      entered today is not binding precedent of the Board.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. 5,642,485)                                 
                                         v.                                           
              MICHAEL R. O’BRIEN, GEORGE W. OFF and TIMOTHY L. CHERNEY                
                                    Senior Party                                      
                              (Application 08/498,654).                               
                                   _______________                                    
                           Patent Interference No. 104,603                            
                                   _______________                                    
          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            
          application and patent elects junior party Deaton as the prior              
          inventive entity and requests that judgment be entered against              
          senior party O’Brien.  (Paper No. 27).  The request is granted.             






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