GODDARD v. GAMBARO - Page 2




             I.     Introduction                                                                                      
                    The interference is before a merits panel for entry of a final decision.  Oral argument took      
             place on February 1, 2001.  Present at oral argument for Junior Party Goddard was James H.               
             Laughlin, Jr., Esq., and inventor Stephen A. A. Goddard.  Senior Party Gambaro appeared pro              
             se.  The interference involves two independent inventors and in this sense is reminiscent of             
             numerous interferences which took place in the late 1800’s and early 1900’s.                             


             II.    Findings of fact                                                                                  
                    The record supports the following findings of fact by a preponderance of the evidence.            


                    A.     The Interference                                                                           
             1.     The interference involves Goddard’s U.S. Application 07/982,949 (Goddard >949) and                
             Gambaro’s U.S. Patent 5,332,322 (Gambaro >322).  (Paper No. 1 and 2, Notice Declaring                    
             Interference).  Gambaro is the senior party and Goddard is the junior party.                             


                    B.     Junior Party                                                                               
             2.     Stephen A. A. Goddard is the real party in interest in Goddard >949, which was filed on           
             February 22, 1993.1  (Paper No. 8, Real Party in Interest; Paper No. 1, Notice Declaring                 
             Interference).                                                                                           



                    1 Goddard=s preliminary motion to be accorded benefit under 37 CFR '1.633(f) was                  
             denied on January 12, 1999.  (Paper No. 44, Memorandum Opinion and Order).                               


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