no objection to entry of a judgment in the form suggested by
counsel for Katou.
H. Order
Upon consideration of the record, including the prior art
reference, the count, the claims designated as corresponding
to the count and the discussion during the conference calls,
it is
ORDERED that senior party Robert P. Belko is not
entitled to a patent containing claim 1 (corresponding to
Count 1) of U.S. Patent 5,693,828, granted 2 December 1997,
based on application 08/647,248, filed 9 May 1996.
FURTHER ORDERED that junior party Tetsuya Katou,
Go Hata, Takeaki Etoh, and Nobuhiko Ito is not entitled to a
patent containing claims 11-16, 20 and 25-28 (corresponding to
Count 1) of Application 09/103,324, filed 23 June 1998.
FURTHER ORDERED that judgment is entered with
prejudice as to Belko claim 1.
FURTHER ORDERED that judgment is entered with
prejudice as to Katou claims 11-16, 20 and 25-28 as presently
worded, but without prejudice to further prosecution before
the primary examiner to establish the separate patentability
of claims to compounds having the formula set out in Katou
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