SIBNER v. GILBERT - Page 2




                was made,                                                                                                                
                subject to an obligation of assignment to Sibner, it is now time appropriate to enter judgment                           
                against the junior party Sibner.                                                                                         
                        B.  Findings of fact                                                                                             
                        1.  The interference was declared on October 25, 2002 (Paper 1).                                                 
                        2.  Sibner is involved on the basis of Patent 5,766,011, granted 16 June 1998, based on                          
                application 08/757,248, filed 27 November 1996.                                                                          
                        3.  Sibner is also involved on the basis of application 09/114,166, filed 13 July 1998.                          
                        4.  Sibner has been accorded benefit for the purpose of priority for the ‘166 application of                     
                the involved patented file, 08/757,248.                                                                                  
                        5.  Gilbert is involved on the basis of application 08/955,005, filed 20 October 1997.                           
                        6.  Gilbert has been accorded benefit for the purpose of priority of provisional application                     
                60/029,504, filed 29 October 1996.                                                                                       
                        7.  Count 1, the sole count of the interference, is as follows:                                                  
                                                Claim 1 of Sibner’s Patent 5,766,011                                                     
                                                                   or                                                                    
                                            Claim 1 of Sibner’s Application 09/114,166                                                   
                                                                   or                                                                    
                                           Claim 23 of Gilbert’s Application 08/955,005                                                  
                        8. The claims of the parties are:                                                                                
                                Sibner (5,766,011):             1-21                                                                     
                                Sibner (09/114,166):            1-34                                                                     
                                Gilbert:                        1-3, 5-16 and 18-23                                                      

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