Ex Parte BISHOP - Page 2





         Interference No. 104,067                                                       


         filing date of U.S. Patent No. 5,390,861, involved in this                     
         interference.                                                                  
               The sole count at issue in this interference relates to                  
         reducing rubber tire material having metal stranding to a                      
         pulverulent form. The count reads as follows:'                                 
                                        COUNT 1                                         
                    Claim 1 of U.S. Patent No. 5,390,861 to Bishop                      
                                           or                                           
                    claim 5 of U.S. Patent No. 5,390,861 to Bishop                      
                                           or                                           
                    claim 25 of Application 08/110,909 to Kramp                         
                                           or                                           
                    claim 26 of Application 08/110,909 to Kramp.','                     


               3The copy of the count appearing in Appendix I of the junior             
         party's brief is incorrect. Namely, the first and third                        
         alternatives of the count (claim 1 of U.S. Patent No. 5,390,861                
         to Bishop and claim 25 of Application 08/110,909 to Kramp) are                 
         missing and certain language appearing in the second and fourth                
         alternatives of the count (claim 5 of U.S. Patent No. 5,390,861                
         to Bishop and claim 26 of Application 08/110,909 to Kramp) is                  
         also missing. A correct copy of the count is reproduced in this                
         decision.                                                                      
               4ClaiM 1 of U.S. Patent No. 5,390,861 to Bishop and claim 25             
         of Application 08/110,909 to Kramp read as follows:                            
               A method of reducing rubber tire material having a metal                 
         constituent to a pulverulent form having a predetermined range of              
         particulate dimension, comprising:                                             
                                                                     (continued...      
                                           2                                            







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