KALFAS et al. V. WEAVER et al. V. WEAVER et al. V. ROWLAND et al. - Page 2





              B. Findings of facts                                                   
              The following findings of fact as well as those contained              
         elsewhere in this opinion are supported by a preponderance of the           
         evidence.                                                                   
              1. Rowland is involved on the basis of application                     
         09/154,834, filed 17 September 1998.                                        
              2. Weaver is involved on the basis of U.S. Patent                      
         5,788,681, granted 4 August 1998, based on application                      
         08/730,343, filed 15 October 1996 and U.S. Patent 5,843,028,                
         granted 1 December 1998, based on application 08/706,311, filed             
         30 August 1996.                                                             
              3. Rowland has been accorded benefit for the purpose of                
         priority of U.S. application 08/842,210, filed 23 April 1997,               
         U.S. application 08/648,356, filed 14 May 1996, and U.S.                    
         application 08/242,168, filed 13 May 1994.                                  
              4. Weaver has been accorded benefit for the purpose of                 
         priority of U.S. application 08/189,317, filed 31 January 1994              
         for both of its involved patents.                                           
              S. The interfering subject matter pertains to a three                  
         lumen catheter or a method for using a three-lumen catheter,                
         having one lumen for a guide wire, one lumen for contrasting                
         fluid, and one lumen for an electrosurgical instrument,                     






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