PEDEMONTE V. LEHMANN et al. - Page 1




                         The opinion in support of the decision being                 
                       entered today is not binding precedent of the Board.           
          Paper 10                                                                    
          Filed by:  Trial Section Merits Panel                                       
          Box Interference                                                            
          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                                   
                                   _______________                                    
                                RONALD P. PEDEMONTE,                                  
                                    Junior Party,                                     
                              (Application 09/120,009),                               
                                         v.                                           
                              URS LEHMANN, ROLF DIETZ,                                
                        HANS REICHERT and ATHANASSIOS TZIKAS,                         
                                    Senior Party                                      
                                 (Patent 5,849,887).                                  
                                   _______________                                    
                           Patent Interference No. 104,480                            
                                   _______________                                    
          Before:  McKELVEY, Senior Administrative Patent Judge, and                  
          SCHAFER and LEE, Administrative Patent Judges.                              
          PER CURIAM.                                                                 
                         JUDGMENT PURSUANT TO 37 CFR § 1.617                          
               A.   Discussion                                                        
               The interference was declared on 7 January 2000.  On the               
          same day, Pedemonte was ordered to show cause (Paper 2) why                 
          summary judgment should not be entered against it.  37 CFR                  






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