BARTZ et al v. MOORE, JR. et al - Page 1


                                                                                                                                     

                       The opinion in support of the decision being entered today was not written for                                 
                       publication in a law journal and is not binding precedent of the Board.                                        
                                                                                                  Paper No. 77                        

                                  UNITED STATES PATENT AND TRADEMARK OFFICE                                                           
                                                        ________________                                                              
                                        BEFORE THE BOARD OF PATENT APPEALS                                                            
                                                     AND INTERFERENCES                                                                
                                                        ________________                                                              
                                         DAVID BARTZ and MARTIN G. CARSWELL                                                           
                                                           Junior Party,1                                                             
                                                                  v.                                                                  
                                         H. JACK MOORE, JR. and MARTIN ABALOS                                                         
                                                           Senior Party.2                                                             
                                                        ________________                                                              
                                                     Interference No. 104,180                                                         
                                                        ________________                                                              
               Before URYNOWICZ, MARTIN and CRAWFORD, Administrative Patent Judges.                                                   
               URYNOWICZ, Administrative Patent Judge.                                                                                


                                                        FINAL DECISION                                                                
                       The invention at issue in this interference relates to a water heater.  The particular subject                 
               matter in issue is illustrated by count 1 as follows:                                                                  

                                                                                                                                     
               1  Application No. 08/299,360, filed September 1, 1994, now U.S. Patent No. 5,494,003, issued February 27, 1996.       
               Assignors to Alzeta Corp, Santa Clara, California.                                                                     
               2  Application No. 08/590,355, filed January 11, 1996.  Assignors to American Water Heater Co.  Accorded benefit       
               of U.S. Application Nos. 08/333,871, filed November 3, 1994, now U.S. Patent No. 5,511,516, issued                     
               April 30, 1996; and 08/113,618, filed August 27, 1993, now abandoned.                                                  

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