CHADWICK et al. V. KATZIR - Page 1






                           The opinion in support of the decision being entered today was not written for                                                   
                           publication and is not binding precedent of the Board.                                                                           

                                                                                                                Paper No. 153                               


                                         UNITED STATES PATENT AND TRADEMARK OFFICE                                                                          
                                                                 ________________                                                                           

                                                BEFORE THE BOARD OF PATENT APPEALS                                                                          
                                                              AND INTERFERENCES                                                                             
                                                                 ________________                                                                           

                                    CURT H. CHADWICK, ROBERT R. SHOLES, JOHN D. GREENE,                                                                     
                                        FRANCIS D. TUCKER III, MICHAEL E. FEIN, P.C. JANN,                                                                  
                                                    DAVID J. HARVEY and WILLIAM BELL                                                                        

                                                                     Junior Party,1                                                                         

                                                                   YIGAL KATZIR                                                                             

                                                                     Senior Party.2                                                                         
                                                                 ________________                                                                           

                                                               Interference No. 102,407                                                                     
                                                                 ________________                                                                           

                  Before URYNOWICZ, CAROFF and DOWNEY, Administrative Patent Judges.                                                                        

                  URYNOWICZ, Administrative Patent Judge.                                                                                                   

                                                                     JUDGMENT                                                                               

                           The parties Chadwick et al. and Katzir have filed a joint  abandonment of the contest and                                        

                  request for entry of an adverse judgment as to all claims which correspond to the count pursuant to 37                                    

                  CFR § 1.662(a).                                                                                                                           

                           Accordingly, judgment as to the subject matter of count 2, the sole count, is hereby awarded                                     

                                                                                                                                                           
                  1 Reexamination Control No. 90/003,232 filed October 29, 1993, which is a reexamination of Application No.                                
                  07/158,289 filed February 19, 1988, now U.S. Patent No. 4,877,326 issued October 31, 1989.                                                
                  Reissue Application No. 08/373,084 filed January 17, 1995, of U.S. Application No. 07/158,289 filed                                       
                  February 19, 1988, now Patent No. 4,877,326 issued October 31, 1989. Assignors to KLA Instruments Corp., A                                
                  California Corp.                                                                                                                          
                  2 Application No. 07/370,064 filed June 21, 1989.  Assignors to Orbot Systems Ltd., Israel; An Israeli Co.  Accorded                      
                  Benefit of U.S. Application No. 07/150,332 filed January 29, 1988 and Israel Application No. 81450 filed February 2,                      







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