made of record in the interference file.  No preliminary motions have been filed.  The parties have also                  
                indicated that they have entered into a settlement agreement and request that priority be decided based                   
                upon the submissions already of record without briefing.  Cross-examination of declarants and oral                        
                argument of the parties have been waived.  While highly unusual, in this particular case we are willing to                
                decide priority because the number of issues and the record to be reviewed are so limited.                                
                                B.              The Subject Matter of the interference                                                    
                        This interference involves telephone dialing devices having dual key pads.  An example of  one of                 
                the keypads is the familiar 12-key pad used on modern telephones.  These keypads have keys labeled with                   
                the numbers 1-9, 0, * and #.  Pushing a button on the key pad results in a tone or pulse which is sent to                 
                and recognized by the telephone network.  A typical 12-key telephone keypad is also labeled with letters.                 
                Thus, the “2-key” also has the letters “ABC.”  These letters may also be used  to make phone numbers                      
                easier to remember.  For example, the phone number 1-800-FLOWERS is probably easier to remember                           
                than its numeric equivalent, 1-800-356-9377. According to the parties, while these alphabetic phone                       
                numbers are easier to remember, the arrangement of the letters on the conventional key pad leads to dialing               
                difficulties.  Bhagavatula Specification, p. 1, lines 31-36; Solomon Specification, p. 2, lines 1-8.  To                  
                address this problem both parties use a second alphabetic key pad.  The second key pad has one key for                    
                each letter.  Bhagavatula  shows a keypad having 24 keys laid out in alphabetical order (excluding the                    
                letters Q and Z which are not used on a standard telephone).  Solomon shows an alphabetic key pad                         
                having 26 keys laid out in the conventional “QWERTY” arrangement used on typewriters and computer                         
                keyboards. The alphabetic keys are related and interconnected to the numeric keys so that pressing, for                   
                example, the A, B or C-keys on the alphabetic key board results in the generation of the same tone or pulse               
                as pressing the 2-key.  This dual key pad arrangement, say the parties, simplifies dialing of alphabetically              
                defined phone numbers.                                                                                                    
                        Count 1, the sole count in the interference, follows:                                                             
                                                                Count 1                                                                   
                        A telephone station set according to claim 1 of  Bhagavatula application 08/324,849;                              
                        A telephone station set according to claim 5 of  Bhagavatula application 08/324,849;                              

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