a case of priority vis-à-vis the 10 February 1992 benefit date
accorded to Langhauser.
FURTHER ORDERED that on the record, after
consideration of BRIEF OF THE PARTY GEERTS ET AL. AT FINAL
HEARING (Paper 81), we find no grounds for holding any of
Geerts claims involved in the interference, i.e., Geerts
claims 9, 15, 27-33, 35 and 37-40, to be unpatentable.
FURTHER ORDERED that our decision on priority
renders it unnecessary to consider other grounds urged by
Geerts upon which the claims of Langhauser might be
unpatentable.
F. Judgment
Upon consideration of the record, and for the reasons
given above, it is
ORDERED that judgment on priority as to Count 1, the
sole count in the interference, is awarded against senior
party FRANZ LANGHAUSER, MARTIN LUX, ROLF MUELHAUPT, and DAVID
FISCHER.
FURTHER ORDERED that judgment on priority as to
Count 1 is awarded in favor of junior party ROLF L. GEERTS,
TARA G. HILL, and SCOTT E. KUFELD.
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