A. Findings of fact
The record supports the following findings by at least a
preponderance of the evidence.1
1. The interference involves (1) junior party
patentee David S. Morrison (Morrison) and (2) senior party
applicants Stephen C. Lakes; Henry G. Stoeppel, II, and Bruce J.
Beimesch (Lakes).
2. Morrison is involved in the interference on the
basis of Morrison U.S. Patent 5,378,249, issued 3 January 1995,
based on application 08/082,696, filed 28 June 1993.
3. The real party in interest is Pennzoil Products
Company.
4. Lakes is involved in the interference on the basis
of two applications:
a. Application 08/442,611, filed 17 May 1995 and
b. Application 08/896,060, filed 17 July 1997.
5. The real party in interest is Henkel Corporation.
6. Lakes has been accorded benefit of the purpose of
priority of:
a. Application 08/119,318, filed 9 September
1993 and
b. Application 07/937,625, filed 28 August 1992.
7. The interference involves two counts.
1 To the extent these findings of fact discuss legal issues, they may be
treated as conclusions of law.
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