KAMB v. CARSON et al - Page 1




                         The opinion in support of the decision being                 
                     entered today is not binding precedent of the Board.             
          Paper 97                                                                    
          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                                   
                                   _______________                                    
                                   ALEXANDER KAMB,                                    
                                    Junior Party,                                     
                              (Application 08/481,063),                               
                                         v.                                           
                        DENNIS A. CARSON and TSUTOMU NOBORI,                          
                                    Senior Party                                      
                              (Application 08/227,800).                               
                                   _______________                                    
                           Patent Interference No. 104,009                            
                                   _______________                                    
          Before:  McKELVEY, Senior Administrative Patent Judge , and                 
          TORCZON and GARDNER-LANE, Administrative Patent Judges.                     

          McKELVEY, Senior Administrative Patent Judge .                              

                         JUDGMENT PURSUANT TO 37 CFR § 1.662                          
               Upon consideration of the REQUEST FOR ENTRY OF ADVERSE                 
          JUDGMENT AS PART OF SETTLEMENT OF INTERFERENCE (Paper 96), it is            
                    ORDERED that judgment on priority as to Count 2                   
          (Paper 93, page 22), the sole count in the interference, is                 
          awarded against junior party ALEXANDER KAMB.                                
                    FURTHER ORDERED that junior party ALEXANDER KAMB is               
          not entitled to a patent containing claims 1, 5, 8, 11-15 and 23-           





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