personnel of the Trial Section contacted Mr. Warren K. Volles,
Esq., counsel for Argyropoulos. Mr. Volles indicated that
Argyropoulos would not be filing a response.
Upon consideration of the record, it is
ORDERED that judgment on priority as to Count 1
(Paper 1, page 47), the sole count in the interference, is
awarded against junior JOHN N. ARGYROPOULOS, MOLLY I. BUSBY
and JEFFREY M. O. LEWIS.
FURTHER ORDERED that junior party JOHN N.
ARGYROPOULOS, MOLLY I. BUSBY and JEFFREY M. O. LEWIS is not
entitled to a patent containing claims 1-3 and 5-10
(corresponding to Count 1) of U.S. Patent 5,412,049, issued 2
May 1995, based on application 08/220,721, filed 31 March
1994.
FURTHER ORDERED that a copy of this paper shall be
made of record in files of application 09/071,174 and U.S.
Patent 5,412,049.
FURTHER ORDERED that if there is a settlement
agreement, attention is directed to 35 U.S.C. § 135(c) and
37 CFR § 1.661.
______________________________
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