Ex Parte Hayek - Page 2




                            Accordingly, it is                                                                                                                  
                                     ORDERED that judgment on priority as to Count 1 (Paper 1 at 4) and Count 2                                                 
                  (Paper 1 at 5) is awarded against senior party JEAN E. HARPER.                                                                                
                                     FURTHER ORDERED that senior party JEAN E. HARPER is not entitled to a                                                      
                  patent containing claims 48-51 (corresponding to Count 1) or claims 52-54 (corresponding to                                                   
                  Count 2) of 09/890,289.                                                                                                                       
                                     FURTHER ORDERED that a copy of this paper shall be made of record in files                                                 
                  of application 09/890,289 and U.S. Patent 6,310,090.                                                                                          
                                     FURTHER ORDERED that if there is a settlement agreement, attention is                                                      
                  directed to 35 U.S.C. § 135(c) and Bd.R. 205.                                                                                                 


                                               /ss/ Richard E. Schafer                        )                                                                 
                                               RICHARD E. SCHAFER                             )                                                                 
                                               Administrative Patent Judge                    )                                                                 
                                                                                              )                                                                 
                                                                                              )                                                                 
                                               /ss/ Sally C. Medley                            )BOARD OF PATENT                                                 
                                               SALLY C. MEDLEY                                )  APPEALS AND                                                    
                                               Administrative Patent Judge                    ) INTERFERENCES                                                   
                                                                                              )                                                                 
                                                                                              )                                                                 
                                               /ss/ James T. Moore                            )                                                                 
                                               JAMES T. MOORE                                 )                                                                 
                                               Administrative Patent Judge                    )                                                                 








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