PETERSON et al. V. MUELLER et al. - Page 2




                                       ORDER                                          
               Upon consideration of the record of the interference, it is            
                    ORDERED that judgment on priority as to Count 11, the             
          sole count in the interference, is awarded against senior party             
          DALE R. PETERSON and NANCY NOUSEK-GOEBL;                                    
                    FURTHER ORDERED that senior party DALE R. PETERSON and            
          NANCY NOUSEK-GOEBL, is not entitled to a patent containing claim            
          84 of application 08/587,315, which corresponds to Count 1; and             
                    FURTHER ORDERED that a copy of this decision be given             
          a paper number and be entered in the administrative records of              
          Mueller's 5,837,235 patent and Peterson's 08/587,315                        
          application.                                                                



                         ______________________________                               
                         RICHARD E. SCHAFER            )                              
                         Administrative Patent Judge )                                
                                                       )                              
                                                       )                              
                         ______________________________) BOARD OF PATENT              
                         JAMESON LEE                   )   APPEALS AND                
                         Administrative Patent Judge )  INTERFERENCES                 
                                                       )                              
                                                       )                              
                         ______________________________)                              
                         SALLY GARDNER-LANE            )                              
                         Administrative Patent Judge )                                

          cc (via facsimile and first class mail):                                    


               1    Count 1 and the claims that correspond to count 1 are set forth in
          the Notice Redeclaring Interference (Paper 20) entered 21 September 2000.   
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