Upon consideration of Foley’s request for adverse judgment
of its involved application, it is
ORDERED that judgment on priority as to Count 1 (Paper
1 at 49) is awarded against junior party KEVIN T. FOLEY, RICHARD
D. BUCHOLZ and KURT R. SMITH.
FURTHER ORDERED that junior party KEVIN T. FOLEY,
RICHARD D. BUCHOLZ and KURT R. SMITH is not entitled to a patent
containing claims 37-64 (corresponding to Count 1) of application
09/198,519, filed 24 November 1998.
FURTHER ORDERED that a copy of this paper shall be made
of record in files of application 09/198,519 and U.S. Patents
5,517,990, 5,732,703, and 5,776,064.
FURTHER ORDERED that if there is a settlement
agreement, attention is directed to 35 U.S.C. § 135(c) and 37 CFR
§ 1.666.
______________________________
RICHARD E. SCHAFER )
Administrative Patent Judge )
)
)
______________________________) BOARD OF PATENT
RICHARD TORCZON ) APPEALS AND
Administrative Patent Judge ) INTERFERENCES
)
)
______________________________)
SALLY C. MEDLEY )
Administrative Patent Judge )
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