ESSERMAN et al. V. GAMMIE - Page 1




                    THIS OPINION WAS NOT WRITTEN FOR PUBLICATION                      
          The opinion in support of the decision being entered today                  
          (1) was not written for publication in a law journal and (2)                
          is not binding precedent of the Board.                                      
                                                            Paper No. 83              
                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                  _______________                                     
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                   
                                  _______________                                     
                         JAMES N. ESSERMAN and PAUL MORONEY,                          
                                   Junior Party,1                                     
                                         v.                                           
                                  KEITH B. GAMMIE                                     
                                   Senior Party.2                                     
                                   ______________                                     
                           Patent Interference No. 104,001                            
                                   ______________                                     


            Patent No. 5,111,504, issued May 5, 1992, based on1                                                                      
          Application 07/568,990, filed August 17, 1990.  Esserman et al.'s           
           1.602(b) notice (Paper No. 8) identifies the assignee of the              
          Esserman et al. patent as Next Level Systems, Inc.  PTO records             
          show that the name of the assignee was subsequently changed to              
          General Instrument Corporation.                                             
            Involved on two cases:2                                                                      
                    (a) Patent No. 5,029,207, issued July 2, 1991, based on           
          Application Serial No. 07/473,442, filed May 4, 1993; and                   
                    (b) Application 08/056,795, filed May 4, 1993, for                
          reissue                                                                     
          of Patent No. 5,029,207.                                                    
                    Gammie's  1.602(b) notice (Paper No. 4) identifies               
          Scientific-Atlanta, Inc., as the assignee of Gammie's patent and            
          reissue application.                                                        





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