DALUGE et al v. STUCKEY et al - Page 1




                                              The opinion in support of the decision being                                       
                                           entered today is not binding precedent of the Board.                                  
                                                                                          Paper 15                              
               Filed by:  Trial Section Motions Panel                                                                            
                     Box Interference                                     Filed: October 17, 2002                               
               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                                                             
                                                       _______________                                                           
                                SUSAN MARY DALUGE, MICHELLE JOANNE FUGETT                                                        
                                             AND MICHAEL TOLAR MARTIN                                                            
                                                         Junior Party                                                            
                                             (U.S. Patent Application 09/419,416),                                               
                                                               v.                                                                
                                       GERHARD STUCKY, RENÉ IMWINKELRIED                                                         
                                                         Senior Party,                                                           
                                                  (U.S. Patent No. 5,663,340).                                                   
                                                       _______________                                                           
                                            Patent Interference No. 105,015 (MPT)                                                
                                                       _______________                                                           
               Before: SCHAFER, TIERNEY and NAGUMO, Administrative Patent Judges.                                                
               TIERNEY, Administrative Patent Judge.                                                                             
                                                     FINAL JUDGMENT                                                              
                      Senior Party Stucky has abandoned the contest as to Count 1, the sole count in the                         
               interference.  Further, Stucky agrees to entry of adverse judgment as to Count 1 and Stucky claim                 
               1, which corresponds to Count 1.  (Paper No. 14).  Upon consideration of the record, it is:                       
                      ORDERED that judgment on priority as to Count 1 (Notice Declaring Interference,                            
               Paper No. 1, page 5), the sole count in the interference, is awarded against  Senior Party Stucky.                





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