KIEL et al. V. GRAHAM et al. - Page 6




          Interference No. 104,352                                                    
          Kiel v. Graham                                                              

               FURTHER ORDERED that party Graham’s unopposed motion to                
          correct inventorship is dismissed, without prejudice to re-                 
          filing the same before the examiner; and                                    
               FURTHER ORDERED that in further ex parte prosecution                   
          before the examiner, the senior party shall bring to the                    
          examiner’s attention (1) pages 15-20 of our show cause order                
          dated March 8, 2000 (Paper No. 81) in which we discussed the                
          unpatentability of Graham’s claims 37-45 over the sales                     
          catalogue; (2) Kiel’s corrected preliminary motion 1 [now                   
          withdrawn] (Paper Nos. 38 and 50) and reply (Paper No. 62) to               
          Graham’s opposition; and (3) Graham’s preliminary motion 1                  
          [now withdrawn] (Paper No. 36) and reply (Paper No. 65) to                  
          Kiel’s opposition.                                                          





                         )                                                            
                         FRED E. McKELVEY, Senior   )                                 
                         Administrative Patent Judge)                                 
                                                  )                                   
                                                 ) BOARD OF PATENT                   
                         )                                  APPEALS                   
                         RICHARD E. SCHAFER       )       AND                         
                         Administrative Patent Judge)       INTERFERENCES             
                                                 )                                   

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