ORDERED that judgment on priority as to Count 3
(Paper 20, page 2), the sole count in the interference, is
awarded against junior party CAMILO COLACO and BRUCE JOSEPH
ROSER.
FURTHER ORDERED that junior party CAMILO COLACO and
BRUCE JOSEPH ROSER is not entitled to a patent containing
claims 1-2 and 4-6 (corresponding to Count 3) of U.S. Patent
5,891,873, granted 6 April 1999, based on application
08/727,597, filed 16 January 1997.
FURTHER ORDERED that a copy of this paper shall be
made of record in files of application 08/447,364 and U.S.
Patent 5,891,873.
FURTHER ORDERED that if there is a settlement
agreement, attention is directed to 35 U.S.C. § 135(c) and
37 CFR § 1.661.
______________________________
FRED E. McKELVEY, Senior )
Administrative Patent Judge )
)
)
______________________________)
RICHARD TORCZON ) BOARD OF PATENT
Administrative Patent Judge ) APPEALS AND
) INTERFERENCES
)
______________________________)
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