Ex Parte POWELL - Page 31




                                                             Judgment                                                                      
                      As the junior party has failed to establish conception and reduction to practice                                     
              prior to the senior party's filing date of November 17, 1997, judgment is hereby entered                                     
              against the junior party. Accordingly, Eckhard Bernardy is not entitled to the patent                                        
              containing claims 42, 45, 49, 50, 57 and 59 which correspond to count 1 nor claims 43,                                       
              44 and 58 which correspond to count 2.                                                                                       



                                      ýCý ý-. , C, /                                                                                       
                                      Richard E . Schafer                                                                                  
                                      Administrative Patent Judge                                                                          


                                                                                 BOARD OF PATENT                                           
                                            . ýE                                                                                           
                                      MuftT APPEALS                                                                                        
                                      Administrative Patent JU 'ge AND                                                                     
                                                                   J )INTERFERENCES                                                        


                                     L Sally C. ýAedley                                                                                    
                                      Administrative Patent Judge                                                                          





              MEC/tdI                                                                                                                      






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