TSURUTA et al. V. NARDELLA - Page 32




          Interference No. 103,950                                                    

                                      Judgment                                        
               Because Nardella has been accorded the benefit of an                   
          application which has a filing date prior the filing date of                
          Tsuruta’s involved patent, judgment is herein entered against               
          Tsuruta.  Accordingly, Tsuruta is not entitled to a patent                  
          with claims 1 and 3.  Judgment is herein awarded to Nardella,               
          which on this record is entitled to a patent with claims 35                 
          through 42                                                                  
          which correspond to the Counts 1 or 2.                                      




                                                                                     
          Fred E. McKelvey, Senior        )                                           
               Administrative Patent Judge     )                                      
                    )                                                                 
                                                  )                                   
                                                  )                                   
                         )                                                            
          )                                                                           
          Murriel E. Crawford             ) BOARD OF                                  
          PATENT                                                                      
                         Administrative Patent Judge     )   APPEALS AND              
                                                  )  INTERFERENCES                    
                                                  )                                   
                                                  )                                   
               )                                                                      
          )                                                                           
          Sally C. Medley                              )                              
                         Administrative Patent Judge     )                            
                                                                                     
                                         -32-                                         





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