BRAKE v. SINGH - Page 1




                                THIS OPINION WAS NOT WRITTEN FOR PUBLICATION                                                         
                   The opinion in support of the decision being entered today (1) was not written for                                
                        publication in a law journal and (2) is not binding precedent of the Board.                                  
               Box Interference                                                                      Paper No.  199                  
               Filed by:       Merits panel                                                                                          
                               Box Interference                                                                                      
                               Washington, DC 20231                                                                                  
                               Tel: 703-308-9797                                                                                     
                               Fax: 703-308-7952 or 53                                                                               


                                 UNITED STATES PATENT AND TRADEMARK OFFICE                                                           
                                                           __________                                                                
                                       BEFORE THE BOARD OF PATENT APPEALS                                                            
                                                    AND INTERFERENCES                                                                
                                                           __________                                                                
                                                     ANTHONY J. BRAKE                                                                
                                                           Junior Party1                                                             
                                                                 v.                                                                  
                                                         ARJUN SINGH                                                                 
                                                           Senior Party2                                                             
                                                           __________                                                                
                                                  Patent Interference 102,728                                                        
                                                           __________                                                                


               Before: ELLIS, Administrative Patent Judge, MCKELVEY, Senior Administrative Patent                                    
               Judge and GARDNER-LANE, Administrative Patent Judge.                                                                  

               ELLIS, Administrative Patent Judge                                                                                    

                       1 Patent 4,870,008, granted September 26, 1989, based on Application                                          
               07/081,302, filed August 3, 1987.  Accorded the benefit of Application 06/522,909, filed                              
               August 12, 1983; Application 06/457,325, filed January 12, 1983, both abandoned.                                      
                       2 Application 07/522,719, filed July 16, 1990.  Accorded benefit of U.S.                                      
               Application 06/506,098, filed June 20, 1983.                                                                          





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