Ex Parte HERSHBERGER - Page 2





             (Paper 81), it is                                                                       

                         ORDERED that judgment on priority as to Count I (Paper                      

             1, page 49), the sole count in the interference is awarded                              

             against junior party JAMES ROBERT BREWER.                                               

                         FURTHER ORDERED that junior party JAMES ROBERT BREWER                       

             is not entitled to a patent containing claims 1-28 (corresponding                       

             to the Count) of U.S. Patent 5,735,346, filed 29 April 1996.                            

                         FURTHER ORDERED that a copy of this paper shall be made                     

             of record in files of application 09/179,143 and U.S. Patent                            
             5, 735, 346.                                                                            

                         FURTHER ORDERED that if there is a settlement                               

             agreement, attention is directed to 35 U.S.C. § 135(c) and 37 CFR                       
               1.661.                                                                                







                         (ýAROL A. ýIVIEIEL                                                          
                         Administrative Patent Judge                                                 


                                                             ),-BOARD OF PATENT                      
                          A                                                AND                       
                       <;ýLLY AR NE APPEALS                                                          
                         AdmJ1 a INTERFERENCES                                                       
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                         SýY C / ftDLfET                                                             
                         Administrative Patent                                                       















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