SCoTT et al v.SILBIGER et al - Page 1

                             THIS OPINION WAS NOT WRITTEN FOR                         
                                      PUBLICATION                                     
                         and is not binding precedent of the Board.                   
        Trial Section Merits Panel                                                    
        BOX INTERFERENCE                                                              
        WASHINGTON DC  20231                                                          
        Telephone:  703-308-9797                                                      
        Facsimile:   703-305-0942                              Paper No. 70           


                     UNITED STATES PATENT AND TRADEMARK OFFICE                        
                                   _______________                                    
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                   
                                   _______________                                    
                                  RANDAL W. SCOTT,                                    
                       WENDY B. LEVINE, JEFFREY J. SEILHAMER,                         
                        ANGELO M. DELEGEANE, and CRAIG WILDE                          
                                    (08/319,555),                                     
                               Junior Party,                                          
                                         v.                                           
                                  SCOTT M. SILBIGER                                   
                                and RAYMOND A. KOSKI                                  
                                    (08/134,231),                                     
                               Senior Party.                                          
                                   _______________                                    
                              Interference No. 104,207                                
                                   _______________                                    


          Before SCHAFER, LEE, and TORCZON, Administrative Patent Judges.             
          TORCZON, Administrative Patent Judge.                                       
                                      JUDGMENT                                        
                           (PURSUANT TO 37 CFR § 1.662(a))                            
                                    INTRODUCTION                                      
               On 21 January 2000, Silbiger filed a settlement agreement              
          under seal.  On 27 January 2000, Scott filed a request for                  
          adverse judgment pursuant to Rule 662 in view of the settlement             
          agreement.  Since the agreement was filed under seal, we have not           
          referred to it in reaching this judgment against Scott.                     



          35 U.S.C. § 135(c) Notice :  Failure to file a copy of any agreement regarding
          the termination of this proceeding may render the agreement and any resulting
          patents unenforceable.  See section 135(c) and 37 CFR § 1.661 for more details.

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