LINDE et al. V. WILL - Page 2








               Upon consideration of the record of the interference, it               
          is                                                                          
                    ORDERED that judgment on priority as to Count 2, the              
          sole count in the interference, is awarded against junior                   
          party GUNTER LINDE, OLAF SCHMIDT-PARK, MANFRED EITEL, and                   
          LOTHER STEILING;                                                            
                    FURTHER ORDERED that junior party GUNTER LINDE, OLAF              
          SCHMIDT-PARK, MANFRED EITEL, and LOTHER STEILING, is not                    
          entitled to a patent containing claims 30-41 of US application              
          09/356,569 which correspond to Count 2;                                     
                    FURTHER ORDERED that a copy of this decision be                   
          given a paper number and be entered in the administrative                   
          records of Linde's 09/356,569 application and Will's 5,853,476              
          patent.                                                                     




                         ______________________________                               
                         FRED E. McKELVEY, Senior           )                         
                         Administrative Patent Judge   )                              
                                                       )                              
                                                       )                              
                                                       )                              
                         ______________________________) BOARD OF PATENT              
                         SALLY GARDNER-LANE            )   APPEALS AND                
                         Administrative Patent Judge   )  INTERFERENCES               
                                                       )                              
                                          2                                           





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