RUPEL et al. v BARSS et al. - Page 2




                             ORDERED that judgment on priority as to Count 1 (Paper 1 at 4) is awarded against                                                        
                   junior party JOHN D. RUPEL, DARRELL J. KUTCHMAREK, THOMAS W. TOLBERT, and                                                                          
                   REN JUDKINS.                                                                                                                                       
                             FURTHER ORDERED that junior party JOHN D. RUPEL, DARRELL J.                                                                              
                   KUTCHMAREK, THOMAS W. TOLBERT, and REN JUDKINS is not entitled to a patent                                                                         
                   containing claims 35-39 and 57 (corresponding to Count 1) of application 08/622,070.                                                               
                             FURTHER ORDERED that a copy of this paper shall be made of record in files of                                                            
                   application 08/622,070 and U.S. Patent 5,837,084.                                                                                                  
                             FURTHER ORDERED that if there is a settlement agreement, attention is directed to 35                                                     
                   U.S.C. § 135(c) and Bd.R. 205.                                                                                                                     


                                                /ss/ Jameson Lee                                )                                                                     
                                                JAMESON LEE                                      )                                                                    
                                                Administrative Patent Judge                      )                                                                    
                                                                                                 )                                                                    
                                                                                                 )                                                                    
                                                /ss/ Sally C. Medley                            )BOARD OF PATENT                                                      
                                                SALLY C. MEDLEY                                  )  APPEALS AND                                                       
                                                Administrative Patent Judge                      ) INTERFERENCES                                                      
                                                                                                 )                                                                    
                                                                                                 )                                                                    
                                                /ss/ Michael P. Tierney                       )                                                                       
                                                MICHAEL P. TIERNEY                               )                                                                    
                                                Administrative Patent Judge                      )                                                                    






                                                                                                                                                                     

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