GEERTS et al. V. LANGHAUSER et al. - Page 6




                    FURTHER ORDERED that, on the record before the Board              
          of Patent Appeals and Interferences, junior party ROLF L.                   
          GEERTS, TARA G. HILL, and SCOTT E. KUFELD is entitled to a                  
          patent containing claims 9, 15, 27-33, 35 and 37-40                         
          (corresponding to Count 1) of application 08/373,129, filed                 
          January 17, 1995.                                                           

                    FURTHER ORDERED that senior party FRANZ LANGHAUSER,               
          MARTIN LUX, ROLF MUELHAUPT, and DAVID FISCHER is not entitled               
          to a patent containing claims 1-5 (corresponding to Count 1)                
          of U.S. Patent 5,457,171, issued October 10, 1995, based on                 
          application 08/284,441, filed August 3, 1994.                               

                    FURTHER ORDERED that if there is a settlement                     
          agreement, attention is directed to 35 U.S.C. § 135(c) and                  
          37 CFR § 1.661.                                                             





          ______________________________                                              
          FRED E. McKELVEY, Senior      )                                             
          Administrative Patent Judge   )                                             
          )                                                                           
          )                                                                           
          ______________________________)                                             
          RICHARD E. SCHAFER            ) BOARD OF PATENT                             
          Administrative Patent Judge   )  APPEALS AND                                
          ) INTERFERENCES                                                             
          )                                                                           
          ______________________________)                                             
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