JAO et al v. TYERS et al - Page 3




                                                                                                                      Interference No. 104,732                              
                                                                                                                                              Page 3                        
                              It is:                                                                                                                                        
                              ORDERED that judgment on priority as to Count 1 (Notice Declaring Interference,                                                               
                    Paper No. 1, page 5), the sole count in the interference, is awarded against Junior Party Jao.                                                          
                              FURTHER ORDERED that Junior Party Jao is not entitled to a patent containing claims                                                           
                    1-2 of Jao, U.S. Patent No. 5,166,145.                                                                                                                  
                              FURTHER ORDERED that a copy of this final decision shall be placed and given a                                                                
                    number in the file of Jao, U.S. Patent No. 5,166,145 and Tyers, U.S. Application 08/156,727.                                                            
                              FURTHER ORDERED that the parties attention is directed to settlement agreement                                                                
                    requirements of 35 U.S.C. § 135(c) and 37 CFR § 1.661.                                                                                                  



                                                  RICHARD TORCZON                                    )                                                                      
                                                  Administrative Patent Judge                        )                                                                      
                                                                                                     )                                                                      
                                                                                                     )                                                                      
                                                                                                     )         BOARD OF PATENT                                              
                                                  CAROL A. SPIEGEL                                   )         APPEALS                                                      
                                                  Administrative Patent Judge                        )         AND                                                          
                                                                                                     )         INTERFERENCES                                                
                                                                                                     )                                                                      
                                                                                                     )                                                                      
                                                  MICHAEL P. TIERNEY                                 )                                                                      
                                                  Administrative Patent Judge                        )                                                                      














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