FURTHER ORDERED that Spaleck Preliminary Motion 2 is
denied.
FURTHER ORDERED that Spaleck 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 Walter Spaleck, Juergen Rohrmann and
Martin Antberg.
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
patent containing claims 8-13, 15 and 17-18 (corresponding to
Count 1) of application 08/678,686, filed 11 July 1996.
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