are not patentable and accordingly senior party JAMES C. GILL
and JAMES L. DEVER is not entitled to a patent containing
(A) Gill application claims 18-21 and 24-41,
(B) Gill patent claims 1-8 or
(C) Gill reissue application claims 1 and 9-16.
35 U.S.C. § 102(a), (b) and (e); 35 U.S.C. § 103; 35 U.S.C.
§ 112, first and second paragraphs.
FURTHER ORDERED that Dadgar Preliminary Motions 1-6
and 8-15 are dismissed as moot.
FURTHER ORDERED that nothing in this ORDER shall be
construed as precluding Gill, in further ex parte prosecution
of the Gill application or the Gill reissue, from obtaining a
patent or reissue patent to claims which are patentable.
FURTHER ORDERED that Dadgar Preliminary Motion 7 is
dismissed as moot, without prejudice to any further
consideration which the parties may deem appropriate before
the Commissioner for Patents.
FURTHER ORDERED that if there is a settlement
agreement, attention is directed to 35 U.S.C. § 135(c) and
37 CFR § 1.661.
______________________________
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