TROPIX, INC. V. LUMIGEN, INC. - Page 2




                    ORDERED that judgment on priority as to Counts 3 and              
          4, the sole counts in the interference, is awarded                          
          against junior party Irena Y. Bronstein and Brooks Edwards                  
          (real party in interest Tropix, Inc.).                                      
                    FURTHER ORDERED that junior party Irena Y. Bronstein              
          and Brooks Edwards (real party in interest Tropix, Inc.) is                 
          not entitled to a patent containing claims 37-39                            
          (corresponding to Count 3) or claims 37-40 and 42                           
          (corresponding to Count 4) of application 09/059,373, filed 14              
          April 1998.                                                                 
                                       )))))))))))) @ ))))))))))))                    
               Upon consideration of the TROPIX SUBMISSION OF SETTLEMENT              
          AGREEMENT (Paper 76),                                                       
                    ORDERED that receipt is acknowledged of the filing                
          of the agreement.                                                           
                    FURTHER ORDERED that the agreement will be kept                   
          separate from the interference file.  35 U.S.C.  135(c).                   






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