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                                             entered today is not binding precedent of the Board.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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