COLACO et al. V. VITEK et al. - Page 1




                         The opinion in support of the decision being                 
                     entered today is not binding precedent of the Board.             
          Paper 21                                                                    
          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                                   
                                   _______________                                    
                       CAMILO COLACO and BRUCE JOSEPH ROSER,                          
                                    Junior Party,                                     
                                 (Patent 5,891,873),                                  
                                         v.                                           
                MICHAEL P. VITEK, ANTHONY CERAMI, RICHARD J. BUCALA                   
                           PETER C. ULRICH, HELEN VLASSARA                            
                                   and XINI ZHANG,                                    
                                    Senior Party                                      
                              (Application 08/477,364).                               
                                   _______________                                    
                           Patent Interference No. 104,580                            
                                   _______________                                    
          Before:  McKELVEY, Senior Administrative Patent Judge , and                 
          TORCZON and MEDLEY, Administrative Patent Judges.                           

          McKELVEY, Senior Administrative Patent Judge .                              

                         JUDGMENT PURSUANT TO 37 CFR  1.662                          
               Upon consideration of the discussion in the ORDER                      
          REDECLARING INTERFERENCE (Paper 20), it is                                  
                    ORDERED that judgment on priority as to Count 3                   
          (Paper 20, page 2), the sole count in the interference, is                  









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