Upon consideration of the record of the interference, it is
ORDERED that judgment on priority as to Count 1, the
sole count in the interference, is awarded against senior party
MICHAEL R. O’BRIEN, GEORGE W. OFF and TIMOTHY L. CHERNEY;
FURTHER ORDERED that senior party MICHAEL R. O’BRIEN,
GEORGE W. OFF and TIMOTHY L. CHERNEY, is not entitled to a
patent containing claims 1, 3-6, 8, 10, 13-21, 23-24, 27-35,
37-43, and 45-67 of US application 08/498,654 which correspond
to Count 1;
FURTHER ORDERED that, on the record before us, junior
party DAVID W. DEATON and RODNEY G. GABRIEL, is entitled to a
patent containing claims 1-26 of U.S. Patent 5,592,560, which
correspond to Count 1;
FURTHER ORDERED that a copy of this decision be given a
paper number and be entered in the administrative records of
O'Brien's 08/498,654 application and Deaton's 5,592,560 patent.
______________________________
JAMESON LEE )
Administrative Patent Judge )
)
)
______________________________) BOARD OF PATENT
SALLY GARDNER-LANE ) APPEALS AND
Administrative Patent Judge ) INTERFERENCES
)
)
______________________________)
SALLY C. MEDLEY )
Administrative Patent Judge )
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