GLUCKMAN et al v. LEWIS et al - Page 2




                Interference No. 104,553                                                                      Paper 116                  
                Gluckman v. Lewis                                                                                Page 2                  
                                                               ORDER                                                                     
                        Upon consideration of Gluckman's RESPONSE TO ORDER TO SHOW CAUSE, it is:                                         
                        ORDERED that judgment on priority as to Count 1 is awarded against junior party                                  
                Gluckman;                                                                                                                
                        FURTHER ORDERED that Gluckman is not entitled to a patent containing claims 1-15                                 
                of the Gluckman 5,714,460 patent, which correspond to Count 1;                                                           
                        FURTHER ORDERED that Gluckman is not entitled to a patent containing claim 1 of                                  
                the Gluckman 5,861,373 patent, which corresponds to Count 1;                                                             
                        FURTHER ORDERED that the preliminary statements be returned unopened; and                                        
                        FURTHER ORDERED that a copy of this decision be given a paper number and be                                      
                entered in the administrative record of the Gluckman 5,714,460 patent; the Gluckman 5,861,373                            
                patent; the Lewis 09/064,159 application; and the Lewis 09/318,001 application.                                          



                                                     JAMESON LEE                                                                         
                                                     Administrative Patent Judge                                                         
                                                                                                BOARD OF PATENT                          
                                                                                                   APPEALS AND                           
                                                     RICHARD TORCZON                              INTERFERENCES                          
                                                     Administrative Patent Judge                                                         
                                                                                                  INTERFERENCE                           
                                                                                                  TRIAL SECTION                          
                                                     MARK NAGUMO                                                                         
                                                     Administrative Patent Judge                                                         


                Notice:  Any agreement or understanding between parties to this interference, including any collateral agreements        
                referred to therein, made in connection with or in contemplation of the termination of the interference, shall be in writing
                and a true copy thereof filed in the United States Patent and Trademark Office before termination of the interference as 
                between said parties to the agreement or understanding.  35 U.S.C. 135(c); 37 C.F.R. § 1.661.                            


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