PAGANI et al. V. RESCALLI - Page 1





                                                         The opinion in support of the decision being                                                       
                                                      entered today is not binding precedent of the Board.                                                  
                                                                                                             Paper 26                                      
                  Filed by:  Trial Section Motions Panel                                                                                                    
                  Box Interference                                                                  Filed: August 6, 2001                                   
                  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                                                                             
                                                                  _______________                                                                           
                                                  GIORGIO PAGANI and UMBERTO ZARDI                                                                          
                                                                       Junior Party                                                                         
                                                              (Application 08/860,960),                                                                     
                                                                             v.                                                                             
                                                                 CARLO RESCALLI                                                                             
                                                                      Senior Party,                                                                         
                                                     (Patent 5,886,222 and Patent 5,763,660).                                                               
                                                                  _______________                                                                           
                                                          Patent Interference No. 104,556                                                                   
                                                                  _______________                                                                           
                  Before:  SCHAFER, TORCZON and TIERNEY, Administrative Patent Judges.                                                                      
                  TIERNEY, Administrative Patent Judge.                                                                                                     

                                                                     JUDGMENT                                                                               
                                                          (Pursuant to 37 CFR § 1.662(a))                                                                   
                           Senior Party Rescalli has requested adverse judgement.  (Paper No. 25).  Upon consideration                                      
                  of the record, it is:                                                                                                                     
                           ORDERED that judgment on priority as to Count 1 (Notice Declaring Interference, Paper                                            
                  No. 1, page 6), the sole count in the interference, is awarded against  Senior Party Rescalli.                                            
                           FURTHER ORDERED that Senior Party Rescalli is not entitled to a patent containing claims                                         
                  1-3 of Rescalli U.S. Patent 5,886,222 and claims 1-18 of Rescalli, U.S. Patent 5,763,660.                                                 







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