B. ORDER
Upon consideration of the record, it is
ORDERED that the paper filed by Kiefer styled "ORDER RE
EXTENSION OF TIME" (Paper 61) is treated as a request for an
extension of time and is DISMISSED as moot.
FURTHER ORDERED that judgment on priority as to Count 1,
the sole count in the interference, is awarded against junior party
MICHAEL C. KIEFER, PABLO D.T. VALENZUELA, and PHILIP J. BARR.
FURTHER ORDERED that junior party MICHAEL C. KIEFER, PABLO
D.T. VALENZUELA, and PHILIP J. BARR, are not entitled to a patent
containing claims 26 and 27 of US application 08/315,686, filed 30
September 1994.
FURTHER ORDERED that since there appears to be a
settlement agreement between the parties, attention is directed to 35
USC § 135(c) and 37 CFR § 1.661.
______________________________
FRED E. McKELVEY, Senior )
Administrative Patent Judge )
)
)
)
______________________________) BOARD OF PATENT
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