BRUNNER et al. V. FENTON et al. V. BRUNNER et al. V. BRUNNER et al. - Page 2




            Interference 105,181 (JTM) Paper26                                                                         

                                 JUDGMENT PURSUANT TO 37 QFR § 1.662                                                   
                   Upon consideration of Paper 24 (Response to Order to Show Cause) and Paper                          
            25 (Request to Abandon Applications), it is hereby:                                                        
                   ORDERED that judgment on priority as to Count 1 and Count 2 (Paper 1, page                          
            6), the only counts in the interference, is awarded against junior party DAVID P.                          
            BRUNNER, GARY C. HARBOUR, RICHARD J. KIRCSHNER, JAMES F. PINNER                                            
            and ROBERT L. GARLICK.                                                                                     
                   FURTHER ORDERED that junior party DAVID P. BRUNNER, GARY C.                                         
            HARBOUR, RICHARD J. KIRCSHNER, JAMES F. PINNER and ROBERT L. GARLICK                                       
            is not entitled to a patent containing claims 1, 5, and 10-13 (corresponding to Count 1)                   
            of application 07/566,442.                                                                                 
                   FURTHER ORDERED that junior party DAVID P. BRUNNER, GARY C.                                         
            HARBOUR, RICHARD J. KIRCSHNER, JAMES F. PINNER and ROBERT L. GARLICK                                       
            is not entitled to a patent containing claims 3, 7, and 10-13 (corresponding to Count 2)                   
            of application 07/566,442.                                                                                 
                   FURTHER ORDERED that junior party DAVID P. BRUNNER, GARY C.                                         
            HARBOUR, RICHARD J. KIRCSHNER, JAMES F. PINNER and ROBERT L. GARLICK                                       
            is not entitled to a patent containing claim 1 (corresponding to Count 2) of application                   
            08/470,293.                                                                                                



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