SPALDING v. HARTSELL, JR. et al. - Page 1




                                THIS OPINION WAS NOT WRITTEN FOR PUBLICATION                                                             
                                   AND IS NOT BINDING PRECEDENT OF THE BOARD                                                             
                Filed by:     Trial Section Merits Panel                                                    Paper No. 151                
                       Box Interference                                                                                                 
                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                                                                  
                                                          _______________                                                                
                                                      ROBERT G. SPALDING                                                                 
                                                             Junior Party                                                                
                                                       (Patent No. 5,195,564)1                                                           
                                                                   v.                                                                    
                                                    HAL C. HARTSELL, JR. and                                                             
                                                        KENNETH L. POPE,                                                                 
                                                             Senior Party                                                                
                                                      (Application 08/033,311)2                                                          
                                                                                                                                        
                                                   Patent Interference No. 104,699                                                       
                                                                                                                                        
                Before LEE, TORCZON, and NAGUMO, Administrative Patent Judges.                                                           
                LEE, Administrative Patent Judge.                                                                                        
                                              Memorandum Opinion and Judgment                                                            


                        1     Based on application 07/693,549, filed April 30, 1991.  The real party in interest is                      
                Dresser Industries, Inc.                                                                                                 
                        2     Filed March 15, 1993.  Accorded the benefit of application 07/946,741, filed                               
                September 16, 1992; application 07/824,702, filed January 21, 1992; and application 07/625,892,                          
                filed December 11, 1990.  The real party in interest is Gilbarco Inc.                                                    





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