PALANIAPPAN et al. V. ALBRECHT - Page 1




                        The opinion in support of the decision being                  
                     entered today is not binding precedent of the Board.             
          Paper 33                                                                    
          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                                   
                                   _______________                                    
              SEVUGAN PALANIAPPAN, CHARLES E. SIZER and RAWN P. WALLEY                
                                    Junior Party,                                     
                                 (Patent 5,792,498),                                  
                                         v.                                           
                                  DAVID D. ALBRECHT                                   
                                    Senior Party                                      
                              (Application 09/002,323).                               
                                   _______________                                    
                           Patent Interference No. 104,474                            
                                   _______________                                    
          Before:  McKELVEY, Senior Administrative Patent Judge , and                 
          SCHAFER and LEE, Administrative Patent Judges.                              

          McKELVEY, Senior Administrative Patent Judge .                              

                       JUDGMENT PURSUANT TO 37 CFR  1.662(c)                         
               Upon consideration of the PALANIAPPAN PARTY'S DISCLAIMER               
          UNDER 35 U.S.C.  253 (Paper 32), in which all claims (1-25) of             
          the Palaniappan patent involved in the interference are                     
          disclaimed, it is                                                           
                    ORDERED that judgment on priority as to Count 1, the              
          sole count in the interference, is awarded against junior party             







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