SEVUGAN PALANIAPPAN, CHARLES E. SIZER and RAWN P. WALLEY. 37 CFR
§ 1.662(c); Guinn v. Kopf, 96 F.3d 1419, 40 USPQ 1157 (Fed. Cir.
1996).
FURTHER ORDERED that judgment on priority as to
Count 1 is awarded in favor of senior party DAVID D. ALBRECHT.
FURTHER ORDERED that, on the record before the Board of
Patent Appeals and Interferences, senior party DAVID D. ALBRECHT
is entitled to a patent containing claims 1-5 and 28-57
(corresponding to Count 1) of application 09/002,323, filed
2 January 1998.
FURTHER ORDERED that junior party SEVUGAN PALANIAPPAN,
CHARLES E. SIZER and RAWN P. WALLEY is not entitled to a patent
containing claims 1-25 (corresponding to Count 1) of U.S. Patent
5,792,498, granted 11 August 1998, based on application
08/804,527, filed 21 February 1997.
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 E. SCHAFER ) BOARD OF PATENT
Administrative Patent Judge ) APPEALS AND
) INTERFERENCES
)
______________________________)
JAMESON LEE )
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