KAWAKAMI et al v. SLINGLUFF et al - Page 2




              Various preliminary motions were filed in the interference             
         but were subsequently withdrawn (See Papers 47 and 48).                     
                                       ORDER                                         
              Upon consideration of the record of the interference, it is            
                   ORDERED that judgment on priority as to Count 1, the              
         sole count in the interference, is awarded against senior party             


         CRAIG L. SLINGLUFF, VICTOR M. ENGELHARD, DONALD F. HUNT,                    
         JEFFREY SHABANOWITZ, and ANDREA L. COX ;                                    
                   FURTHER ORDERED that senior party  CRAIG L. SLINGLUFF,            
         VICTOR M. ENGELHARD, DONALD F. HUNT, JEFFREY SHABANOWITZ, and               
         ANDREA L. COX, is not entitled to a patent containing claims                
         35, 38, 53, 60, 66, and 77 of application  08/234,784, which                
         correspond to Count 1; and                                                  
                   FURTHER ORDERED that a copy of this decision be given             
         a paper number and be entered in the administrative records of              
         Kawakami's 5,844,075 patent and Slingluff's 08/234,784                      
         application.                                                                



                        ______________________________                               
                        RICHARD E. SCHAFER            )                              
                        Administrative Patent Judge )                                
                                                      )                              
                                                      )                              
                        ______________________________) BOARD OF PATENT              
                        JAMESON LEE                   )   APPEALS AND                
                        Administrative Patent Judge )  INTERFERENCES                 
                                                      )                              
                                                      )                              

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