Interference No. 104,354 Paper No. 60
Matsushima v. Aschauer Page 2
No. 58). Matsushima's counsel confirmed in a telephone call with a Trial Section paralegal that it will
no longer pursue the inequitable conduct issue.
ORDER
Upon consideration of Aschauer's request for adverse judgment, it is—
ORDERED that judgment on priority as to Count 1 is awarded against senior party Aschauer;
FURTHER ORDERED that Aschauer is not entitled to a patent containing Aschauer
08/466,546 patent application claims 42, 60, 62, 64, and 68-74, which correspond to Count 1;
FURTHER ORDERED that, based on the record before us, junior party Matsushima is entitled
to a patent containing Matsushima 5,652,338 patent claim 1, which corresponds to Count 1; and
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