COOK et al. V. PEDERSON et al. V. FROEHLER V. WALDER et al. - Page 2





                                                        FINAL JUDGMENT                                                                   

                        Junior parties Froehler and Pederson et al. (Pederson) have requested that adverse judgment  be                  
                entered against them in this interference.  Upon consideration of their respective requests, it is                       
                        ORDERED that judgment on priority as to Count 1 (Attachment to Paper 2, pp. 5-8), the sole                       
                count in the interference, is awarded against junior parties Froehler and Pederson;                                      
                        FURTHER ORDERED that, on the record before the Board of Patent Appeals and Interferences,                        
                junior party, THORI PEDERSON, SUDHIR AGRAWAL, SANDRA MAYRAND and PAUL C.                                                 
                ZAMECNIK, is not entitled to a patent claiming the subject matter of claims 1 through 12 (corresponding                  
                to Count 1) of Patent 5,220,007; and                                                                                     
                        FURTHER ORDERED that, on the record before the Board of Patent Appeals and Interferences,                        
                junior part, BRIAN C. FROEHLER, is not entitled to a patent claiming the subject matter of claims 1                      
                through 20 (corresponding to Count 1) of  Patent 5,256,775.                                                              
                        Pursuant to the decision on preliminary motion (Paper 43) entered on even date with this decision,               
                we hold that an interference-in-fact does not exist between the subject matter of Claims 1 through 19 of                 
                Cook et al. Patent  5,623,065; Claims 1 through 12 of Pederson Patent 5,220,007; Claims 1 through 20                     
                of Froehler Patent 5,256,775; and Claims 30 through 40, 42 through 45, 47, 49 through 60 and 62 through                  
                69 of Walder et al. Application 08/268,381.  Accordingly, it is                                                          
                        ORDERED that PHILLIP D. COOK and BRETT P. MONIA are entitled to a patent on the                                  
                subject matter of claims 1 through 19 (corresponding to Count 1) of Patent 5,623,065;                                    
                        FURTHER ORDERED that JOSEPH A. WALDER, ROXANNE Y. WALDER, PAUL S.                                                
                EDER and JOHN M. DAGLE are entitled to a patent on the subject matter of Claims 30 through 40, 42                        
                through 45, 47, 49 through 60 and 62 through 69 Application 08/268,381; and                                              








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