GRUBER et al. V. BIGG et al. - Page 2




                    ORDERED that junior party PATRICK R. GRUBER, JEFFREY              
          J. KOLSTAD, ERICK S. HALL, ROBIN S. EICHEN CONN and                         
          CHRISTOPHER M. RYAN is not entitled to a patent containing                  
          claims 1 and 19 (corresponding to Count 1) of U.S. Patent                   
          5,539,081, issued 23 July 1996, based on application                        
          08/445,775, filed 22 May 1995.                                              
                    FURTHER ORDERED that nothing in this JUDGMENT                     
          PURSUANT TO 37 CFR § 1.662 shall preclude the filing of a                   
          reissue application seeking to reissue a patent containing                  
          claims which are patentably distinct from claims 1 and 19.                  
                                       )))))))))))) @ ))))))))))))                    
               Upon consideration of the REQUEST FOR ENTRY OF ADVERSE                 
          JUDGMENT by Bigg (Paper 22), it is                                          
                    ORDERED that senior party DONALD M. BIGG, RICHARD G.              
          SINCLAIR, EDWARD S. LIPINSKY, JOHN H. LITCHFIELD and BILLY R.               
          ALLEN is not entitled to a patent containing claim 304                      
          (corresponding to Count 1) of application 08/515,696, filed                 
          16 August 1995.                                                             
                                       )))))))))))) @ ))))))))))))                    
               Receipt is acknowledged of the SUBMISSION UNDER 37 CFR                 
          1.666 (Paper 23) to which is attached an ASSET SALE AND                     
          PURCHASE AGREEMENT filed pursuant to 35 U.S.C. § 135(c).  The               
          ASSET SALE AND PURCHASE AGREEMENT shall be maintained separate              
          from the interference file as requested.                                    



          ______________________________                                              
          FRED E. McKELVEY, Senior      )                                             
          Administrative Patent Judge   )                                             
          )                                                                           
          )                                                                           
          ______________________________)                                             
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