JUDGMENT PURSUANT TO 37 CFR § 1.662
Upon consideration of the ORDER entered 24 February 1999,
requiring an election (Paper 43) and THE COMMON ASSIGNEE'S
NOTICE OF ELECTION, electing Rantala (Paper 44), and treating
the NOTICE OF ELECTION as a request for entry of an adverse
judgment against Salzman, it is
ORDERED that judgment on priority as to Count 2, the
sole count in the interference, is awarded against junior
party ANDREW L. SALZMAN, MITCHELL P. FINK and JEFFREY B. KANE.
FURTHER ORDERED that judgment on priority as to
Count 2 is awarded in favor of senior party BORJE RANTALA.
FURTHER ORDERED that, on the record before the Board
of Patent Appeals and Interferences, senior party BORJE
RANTALA is entitled to a patent containing claims 27-28
(corresponding to Count 2) of Application 08/547,044, filed
October 23, 1995.
FURTHER ORDERED that junior party ANDREW L. SALZMAN,
MITCHELL P. FINK and JEFFREY B. KANE is not entitled to a
patent containing claims 13-16 (corresponding to Count 2) of
U.S. Patent 5,423,320, granted June 13, 1995, based on
application 08/049,549, filed April 20, 1993.
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