Ex Parte FUCHS - Page 2



          1            Accordingly, it is                                                                                              
          2            ORDERED that judgment on priority as to Count 1 (Paper 1 at 4) in the                                           
          3    interference is awarded against senior party RUDOLPH FUCHS.                                                             
          4            FURTHER ORDERED that senior party RUDOLPH FUCHS is not                                                          
          5    entitled to a patent containing claims 1-19 (corresponding to Count 1) of U.S.                                          
          6    Patent 6,293,039.                                                                                                       
          7            FURTHER ORDERED that a copy of this paper shall be made of record in                                            
          8    the files of application 09/270,461 and U.S. Patent 6,293,039.                                                          
          9            FURTHER ORDERED that if there is a settlement agreement, attention is                                           
        10     directed to 35 U.S.C. ' 135(c) and Bd.R. 205.                                                                           


                                       /Richard E. Schafer/                   )                                                        
                                       RICHARD E. SCHAFER )                                                                            
                                       Administrative Patent Judge )                                                                   
                                                                               )                                                       
                                                                               )                                                       
                                       /Sally G. Lane/                       )BOARD OF PATENT                                          
                                       SALLY G. LANE   )  APPEALS AND                                                                  
                                       Administrative Patent Judge ) INTERFERENCES                                                     
                                                                               )                                                       
                                                                               )                                                       
                                       /Sally C. Medley/                        )                                                      
                                       SALLY C. MEDLEY  )                                                                              
                                       Administrative Patent Judge )                                                                   







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