ADISSEO IRELAND, LTD v. NOVUS INT'L., INC. - Page 2




                Interference No. 105,154                                                                     Paper 16                    
                Adisseo Ireland Ltd. v. Novus Int'l, Inc.                                                       Page 2                   
                                                               ORDER                                                                     
                        Upon consideration of Adisseo Ireland's concession of priority (Paper 15), it is:                                
                        ORDERED that judgment on priority as to Count 1 is awarded against junior                                        
                party Adisseo Ireland;                                                                                                   
                        FURTHER ORDERED that junior party Adisseo Ireland is not entitled to a patent                                    
                containing claims 1-6 of Adisseo Ireland US 6,221,909 patent, which correspond to                                        
                Count 1;                                                                                                                 
                        FURTHER ORDERED that, based on the record before us, senior party Novus                                          
                International, is entitled to a patent containing claims 1-6 of Novus International's                                    
                09/990,677 application, which correspond to Count 1; and                                                                 
                        FURTHER ORDERED that a copy of this decision be entered in the                                                   
                administrative record of Adisseo Ireland US 6,221,909 B1 patent and of Novus                                             
                International's 09/990,677 application.                                                                                  

                                                     RICHARD TORCZON                                                                     
                                                                                                     BOARD OF                            
                                                     Administrative Patent Judge                                                         
                                                                                                       PATENT                            
                                                                                                   APPEALS AND                           
                                                     CAROL A. SPIEGEL                                                                    
                                                                                                 INTERFERENCES                           
                                                     Administrative Patent Judge                                                         
                                                                                                  INTERFERENCE                           
                                                     JAMES T. MOORE                                                                      
                                                                                                  TRIAL SECTION                          
                                                     Administrative Patent Judge                                                         

                cc (electronic mail):                                                                                                    
                Counsel for Adisseo Ireland Ltd.: Liza D. Hohenschutz and Ashley I. Pezzner of                                           
                        CONNOLLY BOVE LODGE &HUTZ LLP.                                                                                   
                Counsel for Novus International, Inc.: John K. Roedel, Jr. and Robert M. Evans of                                        
                        SENNIGER,POWERS,LEAVITT &ROEDEL.                                                                                 

                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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