KESZLER V. SASAKI et al. - Page 1

                                THIS OPINION WAS NOT WRITTEN FOR PUBLICATION                                                             
                                            and is not binding precedent of the Board                                                    
                                                                           Paper 28                                                      
                Filed by: Richard E. Schafer                                                                                             
                       Administrative Patent Judge                                                                                      
                       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                                                                  

                                                      DOUGLAS A. KESZLER                                                                 
                                                             Junior Party                                                                
                                                          (Patent 5,684,813),                                                            


                                              TAKATOMO SASAKI, AKIO HIRAKI,                                                              
                                               YUSUKE MORI and SADAO NAKAI,                                                              
                                                             Senior Party                                                                
                                                      (Application 08/503,083).                                                          

                                                   Patent Interference No. 104,577                                                       

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

                SCHAFER, Administrative Patent Judge.                                                                                    

                                                        FINAL JUDGMENT                                                                   

                        An Order entered November 22, 2000, required junior party Keszler to file its preliminary                        
                statement by December 1, 2000.  Paper 27.  Keszler did not file a preliminary statement.  In a telephone                 

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