CRAGG et al. V. MARTIN V. FOGARTY et al. - Page 96




                 Interference No. 104,192                                                                                                              
                 Cragg v. Martin v. Fogarty                                                                                                            

                 the denial of Cragg’s preliminary motion 2.                                                                                           





                                                                    Judgment                                                                           
                          It is                                                                                                                        
                          ORDERED that judgment as to the subject matter of the                                                                        
                 count is herein entered against junior party ERIC C. MARTIN                                                                           
                 and also against junior party ANDREW H. CRAGG and MICHAEL D.                                                                          
                 DAKE;                                                                                                                                 
                          FURTHER ORDERED that the junior party ERIC C. MARTIN is                                                                      
                 not entitled to his patent claims 2-17 which correspond to the                                                                        
                 count;                                                                                                                                
                          FURTHER ORDERED that junior party ANDREW H. CRAGG and                                                                        
                 MICHAEL D. DAKE are not entitled to their application claims                                                                          
                 55, 59, 62-65, 88 and 90 which correspond to the count; and                                                                           
                          FURTHER ORDERED that a copy of this paper shall be given                                                                     
                 a paper number and filed in the respective involved                                                                                   
                 application/patent of the parties.10                                                                                                  


                          10Failure to file a copy of any agreement regarding the                                                                      
                 termination of this proceeding may render the agreement and                                                                           
                 any resulting patent unenforceable.  See section 35 U.S.C. §                                                                          
                 135(c) and 37 CFR § 1.661.                                                                                                            
                                                                      - 96 -                                                                           





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