ROSENTHAL et al. V. MOWREY-MCKEE et al. - Page 1




                                       THIS OPINION WAS NOT WRITTEN FOR PUBLICATION                                                       
                        The opinion in (1) was not written for publication and (2) is not binding precedent of the Board.                 
                                                                                                              Paper 141                   
                Filed by: Interference Trial Section Merits Panel                                                                         
                       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                                                                   
                                                          _______________                                                                 

                                           RUTH ANN ROSENTHAL, BARRY F. VAN                                                               
                                                 DUZEE and RAJKUMAR BHATIA                                                                
                                                              Junior Party                                                                
                                                      (Application 08/156,043)                                                            

                                                                    v.                                                                    

                                       MARY F. MOWREY-MCKEE, DAVID W. PROUD                                                               
                                                      and GEORGE E. MINNO                                                                 
                                                              Senior Party.                                                               
                                                          (Patent 5,096,607)                                                              

                                                          _______________                                                                 

                                                   Patent Interference No. 103,536                                                        
                                                          _______________                                                                 

                Before: McKELVEY, Senior Administrative Patent Judge, SCHAFER and  LEE, Administrative Patent                             
                Judges.                                                                                                                   

                PER CURIUM                                                                                                                

                                          JUDGMENT PURSUANT TO 37 CFR  1.662                                                             

                        Upon consideration of ROSENTHAL’S REQUEST FOR ENTRY OF ADVERSE JUDGMENT                                           
                (Paper 139), it is                                                                                                        







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