Upon consideration of Dobmeier’s request for adverse
judgment of its involved application, it is
ORDERED that judgment on priority as to Count 1 (Paper
1 at 5) is awarded against senior party LUDWIG P. DOBMEIER and
JEFFREY GREAVES.
FURTHER ORDERED that senior party LUDWIG P. DOBMEIER
and JEFFREY GREAVES is not entitled to a patent containing claims
34-38, 41 and 43-45 (corresponding to Count 1) of application
08/753,486, filed 26 November 1996.
FURTHER ORDERED that a copy of this paper shall be made
of record in files of application 08/753,486 and U.S. Patent
5,524,870.
FURTHER ORDERED that if there is a settlement
agreement, attention is directed to 35 U.S.C. § 135(c) and 37 CFR
§ 1.661.
______________________________)
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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