ORDERED that judgment on priority as to Count 1, the
sole count in the interference, is awarded against junior
party David P. Wilson, Earl A. E. Lund (deceased), Sabatino R.
Orfeo, and Joseph M. Garman.
FURTHER ORDERED that judgment on priority as to
Count 1 is awarded in favor of senior party Didier Arnaud and
Jean-Claude Tanguy.
FURTHER ORDERED that, on the record before the Board
of Patent Appeals and Interferences, senior party Didier
Arnaud and Jean-Claude Tanguy is entitled to a patent
containing claims 1-3 (corresponding to Count 1) of U.S.
Patent 5, 188,748, granted 23 February 1993, based on
application 07/658,271, filed 20 February 1991.
FURTHER ORDERED that junior party David P. Wilson,
Earl A. E. Lund (deceased), Sabatino R. Orfeo and Joseph M.
Garman is not entitled to a patent containing claims 3, 8, 35-
39 and 41-42 (corresponding to Count 1) of application
08/723,964, filed 26 September 1996.
FURTHER ORDERED that if there is a settlement
agreement, attention is directed to 35 U.S.C. § 135(c) and
37 CFR § 1.661.
______________________________
FRED E. McKELVEY, Senior )
Administrative Patent Judge )
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