RUBIN et al. V. PIERCE et al. - Page 2


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                       ORDER-ED that judgment on priority as to the subject matter of Count I (Paper 1, p. 4),                      
               is awarded against the junior party, AMGEN, INC.;                                                                    
                       FURTHER ORDERED that junior party, AMGEN, INC., is not entitled to a patent                                  
               containing claims 1-5 (corresponding to Count 1) of Patent 5,814,605;                                                
                       FURTHER ORDERED that a copy of this judgment be made of record in the file of                                
               Patent 5,814,605; and Application 08/477,983;                                                                        
                       FURTHER ORDERED that if there is any settlement agreement which has not been                                 
               filed, attention is directed to 35 U.S.C. § 135(c) and 37 CFR § 1.661.                                               




                                     4(C'ZHARnV. SCHAFER                                                                            
                                      Administrative Patent Judge                                                                   


                                                                              BOARD OF PATENT                                       
                                      KCHARD TOR N APPEALS AND                                                                      
                                      Administrative Patent Ju e INTERFERENCES                                                      



                                      SALLY GARDNER LANE                                                                            
                                      Admiffistrative Patent Judge                                                                  













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