WATERMAN V. BIRBAUM et al. - Page 2





                     Interference No. 103,935                                                                                                                                          


                     DOWNEY, Administrative Patent Judge.                                                                                                                              
                                                    JUDGMENT PURSUANT TO 37 CFR § 1.662(a)                                                                                             
                                On January 7, 2000, Waterman, the junior party, filed an abandonment of the                                                                            
                     contest (Paper No. 128), which pursuant to 37 CFR § 1.662(a) is treated as a request for                                                                          
                     entry of an adverse judgment as to all the claims which correspond to the count in this                                                                           
                     interference.                                                                                                                                                     
                                Accordingly, JUDGMENT as to the subject matter of the count in issue is hereby                                                                         
                     awarded to Jean-Luc Birbaum, Jean Rody, Mario Slongo, Andreas Valet and Roland A.E.                                                                               
                     Winter, the senior party, and awarded against Paul S. Waterman, junior party.                                                                                     
                     Accordingly, on this record, Waterman, the junior party, is not entitled to his patent                                                                            
                     containing claims 1-28 corresponding to the count and Birbaum et al. is entitled to a patent                                                                      
                     containing claims 31-34 corresponding to the count.                                                                                                               





                                                    STANLEY M. URYNOWICZ, JR.            )                                                                                            
                                                     Administrative Patent Judge                           )                                                                           
                                                                                                                      )                                                                
                                                                                                                      )                                                                
                                                                                                                      ) BOARD OF PATENT                                                
                                                     MARY F. DOWNEY                                        )                                                                           
                                                     Administrative Patent Judge                           )   APPEALS AND                                                             
                                                                                                                      )                                                                
                                                                                                                      ) INTERFERENCES                                                  

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