ROSENTHAL v. MAGEE - Page 56




                  Interference No. 104,403                                                                                                                













                                                              Judgment                                                                                    
                              As the junior party has failed to establish priority to the senior                                                          
                     party’s filing date of April 13, 1994, judgment is hereby entered against                                                            
                     the junior party.  Accordingly, Bruce A. Rosenthal is not entitled to a                                                              
                     patent containing claims 1 through 8 and 11, which correspond to the                                                                 
                     count.                                                                                                                               
                              A copy of this decision shall be placed into Application No.                                                                
                     08/882,519 and the file history of U.S. Patent No. 5,642,226.                                                                        


                                       Richard E. Schafer                     )                                                                           
                                       Administrative Patent Judge                  )                                                                     
                                                                                    )                                                                     
                                                                                    )                                                                     
                                                                                    )                                                                     
                                                                                    ) BOARD OF PATENT                                                     
                                       Murriel E. Crawford                          )     APPEALS                                                         
                                       Administrative Patent Judge                  )       AND                                                           
                                                                                    )  INTERFERENCES                                                      
                                                                                    )                                                                     
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