Upon consideration of the RESPONSE OF PARTY WILSON TO
ORDER TO SHOW CAUSE (Paper 12), it is
ORDERED that judgment on priority as to Count 1, the
sole count in the interference, is awarded against junior
party David P. Wilson, Earl A. E. Lund (deceased), Sabatino R.
Orfeo and Joseph M. Garman.
FURTHER ORDERED that judgment on priority as to
Count 1 is awarded in favor of senior party Philip L.
Bartlett, Donald B. Bivens, Brooks S. Lunger and Akimichi
Yokozeki.
FURTHER ORDERED that, on the record before the Board
of Patent Appeals and Interferences, senior party Philip L.
Bartlett, Donald B. Bivens, Brooks S. Lunger and Akimichi
Yokozeki is entitled to a patent containing claims 1-3 and 9
(corresponding to Count 1) of U.S. Patent 5,182,040, granted
26 January 1993, based on application 07/676,637, filed 28
March 1991.
FURTHER ORDERED that junior party David P. Wilson,
Earl A. E. Lund (deceased), Sabatino R. Orfeo and Joseph M.
Garman is not entitled to a patent containing claims 48 and
50-51 (corresponding to Count 1) of application 08/723,964,
filed 26 September 1996.
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