PITHA V. MULLER et al. - Page 2




          Interference 102,413                                       Page 2           
          Pitha v. Muller                                                             
          patent for Pitha is U.S. Patent 4,727,064 (’064) issued                     
          February 23,                                                                
          1988, which is based on application 06/738,749 filed May 29,                
          1985. Pitha has been accorded the benefit of the filing date                
          of the U.S. application 06/603,839 filed April 25, 1984, which              
          issued as U.S. Patent 4,596,795 on June 24, 1986.  The                      
          involved application for Muller is U.S. application                         
          07/264,726, filed October 31, 1988.  Muller has been accorded               
          the benefit of the filing date of the U.S. application                      
          07/756,498, filed July 3, 1985 and the priority document Fed.               
          Rep. Germany P 3346123.6 which was filed on December 21, 1983.              
               In the Decision on Motions dated July 24, 1992, the                    
          Examiner in Chief (APJ) granted Muller motion 1 which was a                 
          motion under 37 C.F.R. § 1.633(a) for judgment on the ground                
          that Pitha claims 6-11 and 13-27 were unpatentable to Pitha                 
          under 35 U.S.C. §§ 102, 103 and 112.  Pitha has failed to                   
          raise the issue decided by the APJ with respect to Muller                   
          motion 1, as required by 37 C.F.R. § 1.655(a)(5).  Thus, the                
          decision on this motion is no longer an issue in this                       
          interference.                                                               
          B.   The Subject Matter of the Interference                                 









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