Carroll et al. V. Carson et al. - Page 2




                                                                                                Interference No. 104,851                     
                                                                                                                Page No. 2                   
                       Upon consideration of the record, it is:                                                                              
                       ORDERED that judgment on priority as to Count I (Notice Declaring Interference,                                       
               Paper No. 1, page 5), the sole count in the interference, is awarded against Junior Party Carroll.                            
                       FURTHER ORDERED that Junior Party Carroll is not entitled to a patent containing                                      
               claims 22-37 of Carroll et al., U.S. Patent Application 09/537,668 as these claims correspond to                              
               Count 1.                                                                                                                      
                       FURTHER ORDERED that a copy of this final decision shall be placed and given a                                        

               paper number in the file of Carroll et al., U.S. Patent Application 09/537,668 and Carson et al.,                             
               U.S. Patent No. 6,306,876.                                                                                                    
                       FURTHER ORDERED that if there is a settlement agreement, attention is directed to                                     
               35 U.S.C. § 135(c) and 37 CFR § 1.661.                                                                                        


                                         żESON LEE                                                                                           
                                        Administrative Patent Judge                                                                          

                                                                                          BOARD OF PATENT,                                   
                                        MICHAEL P. TIERNEY APPEALS                                                                           
                                        Administrative Patent Judge AND                                                                      
                                                                                          INTERFERENCES                                      

                                                 NAGLTM-O                                                                                    
                                        Administrative Patent dge                                                                            














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