Ex Parte BURNHAM - Page 1



                        The opinion in support of the decision being                 
                      entered today is not binding precedent of the Board.           
         Paper No. 24                                                                
         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                                   
                                   _______________                                   
                                 WILLIAM L. BURNHAM                                  
                                    Junior Party                                     
                              (Patent No. 5,192,648)1,                               
                                         v.                                          
                           NAKAO OI and HIROSHI KOMATSUZAKI                          
                                    Senior Party                                     
                             (Application 08/390,579)2.                              
                                   _______________                                   
                           Patent Interference No. 104,655                           
                                   _______________                                   
         Before SCHAFER, LEE and MEDLEY, Administrative Patent Judges.               
         LEE, Administrative Patent Judge.                                           
                           MEMORANDUM OPINION AND JUDGMENT                           


               1                                                                     
               1   Based on application 07/838,119, filed February 18,               
         1992.  The real party in interest is Eastman Kodak Company.                 
               2   Filed February 17, 1995.  Accorded the benefit of                 
         application 08/172, 247, filed December 23, 1993; application               
         07/849,536, filed March 11, 1992, now Patent No. 5,343,265,                 
         issued August 30, 1994; and Japanese application 03-70567, filed            
         March 11, 1991.  The real party in interest is Fuji Photo Film,             
         Co., Ltd.                                                                   




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