MOREL V. SEKHAR et al. - Page 2



               Interference No. 103,995                                                              Paper 29                        
               Morel v. Sekhar                                                               Page 2                                  

                       The interference has been referred to the Trial Section of the Interference Division                          
               of the Board of Patent Appeals and Interferences for further handling.  See Notice of the                             
               Chief Administrative Patent Judge, “Interference Practice -- New Procedures for Handling                              
               Interference Cases at the Board of Patent Appeals and Interferences,” 1217 Off. Gaz. Pat.                             
               & Tm. Office 18 (Dec. 1, 1998).                                                                                       
                       The board regrets the delay in reaching a decision in this case.  As a result of the                          
               transfer of the interference to the Trial Section, the parties can expect the interference to                         
               proceed in an expeditious manner.                                                                                     
                       Administrative Patent Judge Carol A. Spiegel has been designated to handle the                                
               interference.  37 CFR § 1.610(a).                                                                                     
                       B.      Decision on preliminary motions                                                                       

                       This is a decision on preliminary motions filed by parties Morel and Sekhar in                                
               Interference 103,995.                                                                                                 
               II.     Findings of fact                                                                                              

                       The following findings of fact are supported by a preponderance of the evidence.                              
                                                           Junior party                                                              
                       1.  The junior party is Bertrand Morel (Morel).                                                               

                       2.  Morel is involved in the interference on the basis of U.S. Patent 5,420,084 (the                          
               ‘084 patent), granted May 30, 1995, based on application 08/181,037 (the ‘037                                         
               application), filed January 14, 1994.                                                                                 
                       3.  The real party in interest is CARBONE SAVOIE.                                                             







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