LOFQUIST et al. V. WEINERTH et al. - Page 2





              Interference No. 104,229                                                                                       




                                  JUDGMENT PURSUANT TO 37 C.F.R. § 1.662(a)                                                  
                      In response to the order to show cause of April 15, 1999 (Paper No. 21) why                            
              judgment should not be entered against junior party, the common assignee, BASF                                 
              Aktiengesellschaft filed a paper indicating that based on the priority evidence submitted to                   
              them that junior party Lofquist et al. is the first inventor of the subject matter of the counts of            
              this interference (Paper No. 23).                                                                              
                      Accordingly, JUDGMENT pursuant to 37 C.F.R. § 1.662(a) as to the subject matter                        
              of the count in issue is hereby awarded to Robert Alden Lofquist and Yousef Mohajer, the                       
              junior party and against Klaus Weinerth, Karlheinz Mell, Paul Matthies and Ludwig Beer,                        
              the senior party.   Accordingly, on this record, Lofquist et al. are entitled to their patent                  
              containing claims 1-10, 17-20 and 22 corresponding to counts 1-3 and Weinerth et al., the                      
              senior party, are not entitled to their application containing (1) claims 1, 17, 19, 20, 21, 36                
              and 39 corresponding to count 1; (2) claims 3, 13, 22, 24,                                                     












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