STICE et al. V. Campbell et al. - Page 2



          Interference 105,192                                     Paper 94           
          Stice v. Campbell                                                           
               I.   Introduction                                                      
               The following findings of fact are supported by a                      
          preponderance of evidence in the record.                                    
               1.   As a result of the findings of fact and conclusions of            
          law set out in Paper 93 (Decision – substantive motions) of this            
          interference, Stice is not entitled to a patent to any claims of            
          its involved U.S. patent No. 6,235,970.                                     
               2.   As a result of the findings of fact and conclusions of            
          law set out in Paper 93 (Decision – substantive motions) of this            
          interference, Stice is not entitled to a patent to any claims of            
          Stice reissue application 10/833,993, which is based on the Stice           
          6,235,970 patent.                                                           
               III. Discussion                                                        
               An interference is a proceeding to determine whether or not            
          a patent may be issued to an applicant based on an application,             
          all the claims of which are allowable but for the possibility               
          that another first invented the same subject matter.  35 U.S.C.             
          § 102(g).  Cf. Case v. CPC Int'l, Inc., 730 F.2d 745, 750, 221              
          USPQ 196, 200 (Fed. Cir. 1984) ("[n]o interference in fact means            
          that there is no interfering subject matter, that Case's patent             
          is no impediment to granting CPC the claims of its application.")           
               Stice is not entitled to any of its patented claims                    

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