JUST et al. V. PARTAIN et al. - Page 2




                   ORDERED that judgment on priority as to Count 1                  
         (Paper 1, page 5), the sole count in the interference, is                  
         awarded against junior party ERNST K. JUST, THOMAS G. MAJEWICZ             
         and ARJUN C. SAU.                                                          
                   FURTHER ORDERED that junior party ERNST K. JUST,                 
         THOMAS G. MAJEWICZ and ARJUN C. SAU is not entitled to a                   
         patent containing claims 1-47 (corresponding to Count 1) of                
         Reissue Patent 34,904, issued 11 April 1995, as a reissue of               
         Patent 5,120,838, issued 9 June 1992, based on application                 
         07/428,912, filed 30 October 1989.                                         
                   FURTHER ORDERED that a copy of this paper shall be               
         made of record in files of application 08/486,370 and Reissue              
         Patent 34,904.                                                             
                   FURTHER ORDERED that if there is any additional                  
         agreement apart from the settlement agreement agreement                    
         already filed in the USPTO, attention is directed to 35 U.S.C.             
         § 135(c) and 37 CFR § 1.661.                                               





         ______________________________                                             
         FRED E. McKELVEY, Senior      )                                            
         Administrative Patent Judge   )                                            
         )                                                                          
         )                                                                          
         ______________________________)                                            
         CAROL A. SPIEGEL              ) BOARD OF PATENT                            
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