Upon consideration of the record of the interference, it is
ORDERED that judgment on priority as to Count 1, the
sole count in the interference, is awarded against junior party
FRITZ H. BACH and AGUSTIN DALMASSO;
FURTHER ORDERED that junior party FRITZ H. BACH and
AGUSTIN DALMASSO, is not entitled to a patent containing claims
1-3, 5-7, 9-15, 17-19, 23, 50, 55, 62, and 63 of application
08/426,377, which correspond 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
Bach’s 08/426,377 application and White’s 08/464,129 and
08/347,210 applications.
______________________________
FRED E. MCKELVEY, Senior )
Administrative Patent Judge )
)
)
______________________________) BOARD OF PATENT
RICHARD E. SCHAFER ) APPEALS AND
Administrative Patent Judge ) INTERFERENCES
)
)
______________________________)
SALLY GARDNER-LANE )
Administrative Patent Judge )
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