VARGAS et al. V. Blatter - Page 2



           1         ORDERED that judgment on priority as to Count 1 (the sole count in                 
           2   the interference; Paper 1, page 4) is awarded against Senior Party Duane D.              
           3   Blatter.                                                                                 
           4               FURTHER ORDERED that Senior Party Duane D. Blatter is                        
           5   not entitled to a patent containing claim 12 (corresponding to Count 1 of:               
           6                            Application 10/243,543                                          
           7                              12 September 2002                                             
           8                                                                                            
           9               FURTHER ORDERED that if there is a settlement agreement,                     
         10    attention is directed to 35 U.S.C.  135(c).                                             
         11                FURTHER ORDERED that a copy of this JUDGMENT shall                           
         12    be placed in the files of (1) application 10/243,543 and (2) U.S. Patent                 
         13    6,391,038 B2.                                                                            




                                    /ss/ Fred E. McKelvey            )                                  
                                 FRED E. McKELVEY          )                                            
                                 Senior Adminstrative Patent Judge)                                     
                                                                )    BOARD OF                           
                                                                )      PATENT                           
                                 /ss/ Sally Gardner Lane             )   APPEALS AND                    
                                 SALLY GARDNER LANE         )INTERFERENCES                              
                                 Administrative Patent Judge         )                                  
                                                                )                                       
                                 /ss/ Sally C. Medley           )                                       
                                 SALLY C. MEDLEY          )                                             
                                 Administrative Patent Judge         )                                  





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