ELLIS et al v. FULKS - Page 2




               Interference No. 104,788                                                                                         
               Ellis v.  Fulks                                                                                                  
                      The motion panel’s decision on preliminary and miscellaneous motions, dated                               
               February 19, 2003 (Paper No.  61), is herein made final and merged into this memorandum                          
               opinion and final judgment for purposes of judicial review.  It is                                               
                      ORDERED that judgment as to the subject matter of Count 1 is entered against junior                       
               party PATRICK D. ELLIS and FRED MALICKI;                                                                         
                      FURTHER ORDERED that junior party PATRICK D. ELLIS and FRED MALICKI is                                    
               not entitled to its patent claims 1-20 which correspond to the count;                                            
                      FURTHER ORDERED that if there is a settlement agreement, the parties should note                          
               the requirements of 35 U.S.C. § 135(c) and 37 CFR § 1.666; and                                                   
                      FURTHER ORDERED that a copy of this judgment be filed in the respective involved                          
               application or patent of the parties.                                                                            



                                                                                                                               
                                     Jameson Lee            )                                                                   
                                     Administrative Patent Judge                 )                                              
                                                                           )                                                    
                                                                           )                                                    
                                                                          )                                                    
                                     )    BOARD OF PATENT                                                                       
                                     Sally Gardner Lane            )            APPEALS                                         
                                     Administrative Patent Judge                 )                AND                           
                                                                           )      INTERFERENCES                                 
                                                                           )                                                    
                                                                          )                                                    
                                     )                                                                                          
                                     Sally C.  Medley                      )                                                    
                                     Administrative Patent Judge           )                                                    
               By Facsimile:                                                                                                    
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