TOMES et al. V. CARSWELL et al. - Page 1




                    THIS DOCUMENT WAS NOT WRITTEN FOR PUBLICATION                     
                      and is not binding precedent of the Board                       
          Paper 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                                   
                                   _______________                                    

                                  DWIGHT T. TOMES,                                    
                        ARTHUR WEISSINGER, JOHN C. SANFORD,                           
                               and THEODORE M. KLEIN,                                 
                                    Junior Party,                                     
                              (Application 08/442,522),                               
                                         v.                                           
                                   GLETA CARSWELL,                                    
                          YIN-FU CHANG, MARY DELL-CHILTON,                            
                                 and CHRISTIAN HARMS                                  
                                    Senior Party,                                     
                              (Application 08/447,057).                               
                                   ______________                                     
                           Patent Interference No. 104,453                            
                                   _______________                                    
          Before McKELVEY, Senior Administrative Patent Judge, and LEE                
          and GARDNER-LANE, Administrative Patent Judges.                             
          GARDNER-LANE, Administrative Patent Judge.                                  
                         JUDGMENT PURSUANT TO 37 CFR § 1.662                          
               Tomes has filed a paper entitled "ABANDONMENT OF CONTEST               







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