ONDEYKA et al. V. SHELLEY et al. - Page 1




                                                 The opinion in support of the decision being                                            
                                              entered today is not binding precedent of the Board.                                       
                                                                                               Paper 14                                 
                Filed by: Trial Section Motions Panel                                                                                    
                       Box Interference                                                Filed                                            
                Washington, D.C.  20231                                                 24 July  2001                                    
                Tel:  703-308-9797                                                                                                       
                Fax:  703-305-0942                                                                                                       
                                   UNITED STATES PATENT AND TRADEMARK OFFICE                                                             
                                                          _______________                                                                
                                         BEFORE THE BOARD OF PATENT APPEALS                                                              
                                                      AND INTERFERENCES                                                                  
                                                          _______________                                                                
                                  JOHN ONDEYKA, OTTO HENSENS and JERROLD LIESCH                                                          
                                                             Junior Party,                                                               
                                                          (Patent 5,091,389),                                                            
                                                                   v.                                                                    
                                            PETER R. SHELLEY and RHONA BANKS                                                             
                                                             Senior Party,                                                               
                                                      (Application 08/311,290).                                                          
                                                          _______________                                                                
                                                   Patent Interference No. 104,709                                                       
                                                          _______________                                                                

                Before:  SCHAFER, TORCZON and TIERNEY, Administrative Patent Judges.                                                     
                TIERNEY, Administrative Patent Judge.                                                                                    
                                          ORDER TERMINATING INTERFERENCE                                                                 
                        A.      Background                                                                                               
                        This interference was declared on June 1, 2001 between a Shelley application and an                              
                Ondeyka patent.  In their list of intended preliminary motions, Ondeyka has drawn the Board’s                            
                attention to the following highly material information:                                                                  

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