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
JOHANNES A.M. VAN BEEK, JOHANNES G. DE VRIES, HENRICUS J. ARTS,
RADJINDRAKUMAR PERSAD, and GERARDUS H.J. VAN DOREMAELE;
FURTHER ORDERED that senior party JOHANNES A.M.
VAN BEEK, JOHANNES G. DE VRIES, HENRICUS J. ARTS,
RADJINDRAKUMAR PERSAD, and GERARDUS H.J. VAN DOREMAELE , is not
entitled to a patent containing claims 1, 4, 10, and 13 of patent
5,646,322, which correspond to Count 1;
FURTHER ORDERED that, if there is a settlement
agreement between the parties, the parties are directed to
35 USC § 135(c) and 37 CFR § 1.666; and
FURTHER ORDERED that a copy of this decision be given a
paper number and be entered in the administrative records of
Waymouth's 09/110,691 application and Van Beek's 5,646,322
patent.
______________________________
RICHARD TORCZON )
Administrative Patent Judge )
)
)
______________________________) BOARD OF PATENT
SALLY GARDNER-LANE ) APPEALS AND
Administrative Patent Judge ) INTERFERENCES
)
)
______________________________)
SALLY C. MEDLEY )
Administrative Patent Judge )
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