JOHNSON et al. V. Bansleben et al. - Page 2




                                                                                  Interference No. 105,034            
                                                                                               Page No. 2             
             entered against Bansleben. 37 C.F.R. § 1.662.                                                            
                    Upon consideration of the record, it is:                                                          
                    ORDERED that judgment on priority as to Counts I and 2 (Notice Declaring                          
             Interference, Paper No. 1, page 6), the counts in the interference, is awarded against Junior Party      
             Bansleben.                                                                                               
                    FURTHER ORDERED that Junior Party Bansleben is not entitled to a patent containing                
             claims 1, 11-26, 28, 31, 38, 46-63, 65, 67-69, 176-188, 189-222 of Bansleben et al., U.S. Patent         
             Application 09/568,626 as these claims correspond to Counts 1 or 2.                                      
                    FURTHER ORDERED that a copy of this final decision shall be placed and given a                    

             paper number in the file of Johnson et al., U.S. Application No. 09/417,323 and Bansleben et al.,        
             U.S. Patent Application 09/568,626.                                                                      
                    FURTHER ORDERED that if there is a settlement agreement, attention is directed to                 
             35 U.S.C. § 135(c) and 37 CFR § 1.661.                                                                   


                                   CAROL A. SiGe                                                                      
                                   Administrative Patent Judge                                                        

                                                                             BOARD OF PATENT                          
                                   #SALYAGARD-NER- LANE APPEALS                                                       
                                   Administrative Patent Judge AND                                                    
                                                                             INTERFERENCES                            

                                   MICHAEL P. TIERNEY                                                                 
                                   Administrative Patent Judge                                                        









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