ESSERMAN et al. V. GAMMIE - Page 3




          Interference No. 104,001                                                    


          Esserman et al.'s patent claims 60 and 68, which means                      
          Esserman et al. are not entitled to a patent including those                
          claims.   Judgment is therefore awarded in favor of Gammie's4                                                                    
          claims that correspond to the count (i.e., reissue application              
          claims 16-20, 22, 35-43, 49, 50, 56, and 58 and patent claims               
          16-20, 22, 35-43, 49, 50, 66, and 58), which means Gammie is                
          entitled to a patent including those claims.                                


                                                  )                                   
                         __________________________ )                                 
                              ANDREW H. METZ             )                            
                              Administrative Patent Judge)                            
                                                  )                                   
                                                       )         BOARD                
          OF                                                                          
                         __________________________ ) PATENT                          
          APPEALS                                                                     
                              WILLIAM F. PATE, III       )      AND                   
                              Administrative Patent Judge) INTERFERENCES              
                                                  )                                   
                                                       )                              
                         __________________________ )                                 
                              JOHN C. MARTIN             )                            
                              Administrative Patent Judge)                            






            This judgment makes entry of the statutory disclaimer4                                                                      
          unnecessary.                                                                
                                          - 3 -                                       





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