MULLER et al. V. LITVAK - Page 1




                    THIS OPINION WAS NOT WRITTEN FOR PUBLICATION                      
                      and is not binding precedent of the Board                       

          Paper No.                                                                   
          9                                                                           
          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                                    
                                   _______________                                    
                          KARL P.L. MULLER, KATSUYA OKUMURA                           
                             and THEODORE G. VAN KESSEL,                              
                                    Junior Party,                                     
                                 (Patent 5,724,144),                                  
                                          v.                                          
                                 HERBERT E. LITVAK,                                   
                                    Senior Party,                                     
                              (Application 09/097,429).                               
                                   _______________                                    
                           Patent Interference No. 104,707                            

          Before McKELVEY, Senior Administrative Patent Judge, and                    
          GARDNER-LANE and MEDLEY, Administrative Patent Judges.                      
          MEDLEY, Administrative Patent Judge.                                        

                         JUDGMENT PURSUANT TO 37 CFR § 1.662                          

               Upon consideration of the NOTICE OF NO CONTEST filed by                
          Muller (Paper 4), it is                                                     






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