SHERF et al. V. BRONSTEIN et al. V. BRONSTEIN et al. - Page 4




                       111. 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 BRUCE A. SHERF, KEITH V. WOOD, and                                                    

              ELAfNE T. SCHENBORN;                                                                                                                

                                FURTHER ORDERED that senior party BRUCE A. SHERF, KEITH V. WOOD,                                                  

              and ELArNE T. SCHENBORN, is not entitled to a patent containing claims 1 and 26 of patent                                           

              5,744,320 which correspond to Count 1;                                                                                              

                                FURTHER ORDERED that a copy of this decision be given a paper number and                                          

              be entered in the administrative records of Sherf s 5,744,320 patent and Bronstein's 09/296,540                                     

              and 08/579,787 applications;                                                                                                        

                                FURTHER ORDERED that if there is a settlement agreement, the parties are                                          

              directed to 35 USC § 135(c) and 37 CFR § 1.666;                                                                                     

                                FURTHER ORDERED that Sherf preliminary motion 5 is DISMISSED; and                                                 


















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