ORDERED that judgment on priority as to Count 1, the
sole count in the interference, is awarded against junior
party Andreas Winter, Martin Antberg, Bernd Bachmann, Volker
Dolle, Frank Kuber, Jurgen Rohrmann and Walter Spaleck.
FURTHER ORDERED that judgment on priority as to
Count 1 is awarded in favor of senior party Eberhard Karl,
Werner Roell, Hans Brintzinger, Bernhard Rieger and Udo
Stehling.
FURTHER ORDERED that, on the record before the Board
of Patent Appeals and Interferences, senior party Eberhard
Karl, Werner Roell, Hans Brintzinger, Bernhard Rieger and Udo
Stehling is entitled to a patent containing claims 11-17
(corresponding to Count 1) of application 08/642,491, filed
May 3, 1996.
FURTHER ORDERED that junior party Andreas Winter,
Martin Antberg, Bernd Bachmann, Volker Dolle, Frank Kuber,
Jurgen Rohrmann and Walter Spaleck is not entitled to a patent
containing claims 1-3 (corresponding to Count 1) of U.S.
Patent 5,693,836, granted 6 December 1997, based on
application 08/484,457, filed 7 June 1995.
FURTHER ORDERED that entry of this FINAL JUDGMENT is
without prejudice to Winter filing an application to reissue
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