Pending before the board are (1) Texaco's REQUEST FOR
ADVERSE JUDGMENT (Paper 8) and (2) Powers' RESPONSE TO
TEXACO'S REQUEST FOR ADVERSE JUDGMENT (Paper 7).
Upon consideration of the record, and for the reasons
given in the FINAL DECISION in Interference 104,592 (Paper 10,
copy attached), it is
ORDERED that judgment on priority as to Count 1, the
sole count in the interference, is entered with prejudice
against junior party CHI-LIN O'YOUNG, REGIS J. PELLET, ALISON
E. HADOWANETZ, JOHN HAZEN and JAMES E. BROWNE (real party in
interest Texaco, Inc.).
FURTHER ORDERED that junior party CHI-LIN O'YOUNG,
REGIS J. PELLET, ALISON E. HADOWANETZ, JOHN HAZEN and JAMES E.
BROWNE is not entitled to a patent containing claims 1-7
(corresponding to Count 1) of U.S. Patent 5,510,560, granted
23 April 1996, based on application 08/112,921, filed 30
August 1993.
FURTHER ORDERED that, if there is a settlement
agreement, attention is directed to 35 U.S.C. § 135(c) and
37 CFR § 1.661.
______________________________
FRED E. McKELVEY, Senior )
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