ORDERED that judgment on priority as to Count 3,
the sole count in the interference, is awarded against junior
party BILLIE B. DADGAR, DONALD E. BALHOFF, CHARLES H. KOLICH,
MENG-SHENG AO and HOMER C. LIN.
FURTHER ORDERED that junior party BILLIE B. DADGAR,
DONALD E. BALHOFF, CHARLES H. KOLICH, MENG-SHENG AO and HOMER
C. LIN is not entitled to a patent containing claims 19-23
(corresponding to Count 3) of application 08/852,462,
filed 7 May 1997. 35 U.S.C. § 102(g).
FURTHER ORDERED that it is the view of senior
party JAMES C. GILL and JAMES L. DEVER, based inter alia on
arguments made in Dadgar Preliminary Motions 1-6 and 8-15,
that (1) claims 18-21 and 24-41 of Gill application
09/120,518, filed 26 February 1998 (Gill
application),
(2) claims 1-8 of Gill U.S. Patent 5,726,252,
granted 10 March 1998, based on application
08/796,277, filed 7 February 1997 (Gill patent)
and
(3) claims 1 and 9-16 of Gill reissue application
09/356,734, filed 19 July 1999 (Gill reissue
applicaiton) seeking to reissue the Gill patent,
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