ZHOU et al. V. KEAGY et al. - Page 5





                                                                                   Interference No. 104,649             
                                                                                                Page No. 2              
                     Zhou has failed in its attack on Keagy's accorded benefit date. As Zhou has failed to              
              allege a date of conception prior to Keagy's accorded priority benefit date, judgment on priority         
              is awarded against Junior Party Zhou.                                                                     

              H. Findings of Fact                                                                                       
                     I . Real Parties in Interest                                                                       
                            a. Junior Party                                                                             
              Fl. Digital Persona Inc. is said to be the real party in interest in the involved Zhou '858               
              patent. (Zhou Real Party in Interest, Paper No. 7).                                                       


                            In. Senior Party                                                                            
              F2. Keagy's involved '744 application is said to be assigned to Identix Incorporated. (Notice             
              of Real Party in Interest, Paper No. 11).                                                                 


                     2. Accorded Priority Benefit                                                                       
                            a. Junior Party                                                                             
              F3. Zhou's involved '858 patent issued on August 18, 1998 from U.S. Application No.                       
              08/646,53 1, filed May 10, 1996. (Notice Declaring Interference, Paper No. 1, p. 3).                      


                            b. Senior Party                                                                             
              F4. Keagy's involved '744 application was filed February 23, 1999. Solely for the purposes                
              of priority, Keagy '744 has been accorded the benefit of the filing dates of:                             







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