LEE V. MCINTYRE et al. - Page 1




                         The opinion in support of the decision being                 
                       entered today is not binding precedent of the Board.           
          Paper 38                                                                    
          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                                   
                                   _______________                                    
                                   SHAU-TARNG LEE,                                    
                                    Junior Party,                                     
                                 (Patent 5,667,728),                                  
                                         v.                                           
            WILLIAM D. McINTYRE, RODERICK R. ALIRE and RONALD N. CLAZIE,              
                                    Senior Party                                      
                              (Application 08/546,025).                               
                                   _______________                                    
                           Patent Interference No. 104,461                            
                                   _______________                                    
          Before:  McKELVEY, Senior Administrative Patent Judge, and                  
          SCHAFER and LEE, Administrative Patent Judges.                              

          McKELVEY, Senior Administrative Patent Judge.                               

                         JUDGMENT PURSUANT TO 37 CFR  1.640                          
               An order to show cause (Paper 36) was entered on 18 May                
          2000 requiring a response by Lee by 23 June 2000.  A response               
          has not been filed.  On 27 June 2000, Ms. Yolunda Townes, a                 







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