Ex Parte ANTKOWIAK - Page 2




                              3.      James Earl Lowe, Jr., counsel for Junior Party Antkowiak.                                   
                      During the conference call, the parties announced that they had reached an agreement to                     
               settle the interference.  In particular, counsel for Junior Party Antkowiak requested that adverse                 
               judgement be entered against its involved patent.  Upon consideration of the record, it is:                        
                      ORDERED that judgment on priority as to Count 1 (Notice Declaring Interference,                             
               Paper No. 1, page 5), the sole count in the interference, is awarded against Junior Party                          
               Antkowiak.                                                                                                         
                      FURTHER ORDERED that Junior Party Antkowiak is not entitled to a patent                                     
               containing claims 1-5 of Antkowiak, U.S. Patent No. 5,741,399.                                                     
                      FURTHER ORDERED that a copy of this final decision shall be placed and given a                              
               number in the file of Antkowiak, U.S. Patent No. 5,741,399 and Qvintus, U.S. Application                           
               09/158,882.                                                                                                        
                      FURTHER ORDERED that the parties attention is directed to settlement agreement                              
               requirements of 35 U.S.C. § 135(c) and 37 CFR § 1.661.                                                             


                                      RICHARD E. SCHAFER                    )                                                     
                                      Administrative Patent Judge           )                                                     
                                                                            )                                                     
                                                                            )                                                     
                                                                            )       BOARD OF PATENT                               
                                      RICHARD TORCZON                       )       APPEALS                                       
                                      Administrative Patent Judge           )       AND                                           
                                                                            )       INTERFERENCES                                 
                                                                            )                                                     
                                                                            )                                                     
                                      MICHAEL P. TIERNEY                    )                                                     
                                      Administrative Patent Judge           )                                                     


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