Paper No. 111
ORDERED that judgment on priority as to Count 1 is awarded against
Stuart;
FURTHER ORDERED that Stuart is not entitled to a patent containing
claims 13-16, 37-40, 46-50, 52, 53, 55, 56, and 581 of Stuart's 08/115,073 application,
which correspond to Count 1;
FURTHER ORDERED that, based on the record before us, Hudziak is
entitled to a patent containing claims 11, 18-21, and 26-36 of Hudziak's 08/422,734
application, 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 record of Stuart's 08/115,073 application and
of Hudziak's 08/422,734 application.
RICHARD E. SCHAFER BOARD OF
Administrative Patent Judge PATENT
APPEALS AND
INTERFERENCES
INTERFERENCE
RICHARD TORCZON TRIAL SECTION
Administrative Patent Judge
SALLY GARDNER-LANE
Administrative Patent Judge
1 Claim 1 was held unpatentable in Paper No. 107.
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