HERZOG et al. V. SARLES et al. - Page 9




                    FURTHER ORDERED that junior party Kenneth J. Herzog               
          and William Sarles is not entitled to a patent containing                   
          claims 1-9 and 11-50 (corresponding to Count 1) of application              
          09/138,159, filed 21 August 1998.                                           
                    FURTHER ORDERED that a copy of this paper shall be                
          made of record in files of application 09/138,159 and                       
          application 08/964,572.                                                     


















                    FURTHER ORDERED that if there is a settlement                     
          agreement, attention is directed to 35 U.S.C. § 135(c) and 37               
          CFR § 1.661.                                                                


                    )                                                                 
                    RICHARD E. SCHAFER            )                                   
                    Administrative Patent Judge   )                                   

                                        - 9 -                                         





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