EDWARDS et al. V. THIES et al. - 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                          written for publication in a law journal and (2) is not binding precedent                                                     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. 22                      
                 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                                                                           
                                                              _______________                                                                           
                                                JAMES EDWARDS AND JOHN E. DRIES                                                                         
                                                                Junior Party,                                                                           
                                                       (Patent No. 5,762,080)1                                                                          
                                                                          v.                                                                            
                                              EDWARD L. THIES, ROGER J. BERTSCH                                                                         
                                                          and WILBUR W. JARVIS                                                                          
                                                                 Senior Party                                                                           
                                                      (Application 09/273,944)2                                                                         
                                                              _______________                                                                           
                                                Patent Interference No. 104,439                                                                         
                                                              _______________                                                                           
                 Before:  McKELVEY, Senior Administrative Patent Judge, and                                                                             
                 SCHAFER and LEE, Administrative Patent Judges.                                                                                         


                          1Filed January 24, 1997, as application 08/792,964.                                                                           
                 The real party in interest is White Consolidated Industries,                                                                           
                 Inc.                                                                                                                                   
                          2Filed March 19, 1999.  Accorded the benefit of                                                                               
                 application 08/927,706, filed September 10, 1997, now Patent                                                                           
                 No. 5,909,743, issued June 8, 1999, and provisional                                                                                    
                 application 60/031,182, filed November 19, 1996.  The real                                                                             
                 party in interest is Whirlpool Corporation.                                                                                            





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