WINTER et al. V. FUJITA et al. - Page 2




                    ORDERED that Winter Preliminary Motion 1 is denied.               
                    FURTHER ORDERED that Winter Preliminary Motion 2 is               
          denied.                                                                     
                    FURTHER ORDERED that Winter Preliminary Motion 3 is               
          dismissed.                                                                  
                    FURTHER ORDERED that Fujita Rule 635 Motion to                    
          strike Winter Reply 1 is denied.                                            
                    FURTHER ORDERED that Winter Rule 635 Motion for                   
          leave to file Winter Preliminary Motion 4 is denied.                        
                    FURTHER ORDERED that Fujita Rule 635 Motion 2 for                 
          leave to file a declaration of Dr. Tobin Marks is dismissed.                
                    FURTHER ORDERED that judgment on priority as to                   
          Count 1, the sole count in the interference, is awarded                     
          against junior party Andreas Winter, Frank Kueber, Walter                   
          Spaleck, Herbert Riepl, Wolfgang A. Herrmann, Volker Dolle and              
          Juergen Rohrmann.                                                           
                    FURTHER ORDERED that judgment on priority as to                   
          Count 1 is awarded in favor of senior party Takashi Fujita,                 
          Toshihiko Sugano and Hideshi Uchino.                                        
                    FURTHER ORDERED that, on the record before the Board              
          of Patent Appeals and Interferences, senior party Takashi                   
          Fujita, Toshihiko Sugano and Hideshi Uchino is entitled to a                



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