ORDERED that judgment on priority as to Count 1
(Paper 1, pages 5-6), the sole count in the interference, is
awarded against junior party KARL P.L. MULLER, KATSUYA OKUMURA
and THEODORE G. VAN KESSEL.
FURTHER ORDERED that junior party KARL P.L. MULLER,
KATSUYA OKUMURA and THEODORE G. VAN KESSEL is not entitled to
a patent containing claims 1-24 and 32-36 of U.S. patent 1
5,724,144, granted 3 March 1998, based on application
08/674,855, filed 3 July 1996.
FURTHER ORDERED that a copy of this paper shall be
made of record in files of application 09/097,429 and U.S.
Patent 5,724,144.
FURTHER ORDERED that if there is a settlement agreement,
attention is directed to 35 U.S.C. § 135(c) and 37 CFR §
1.661.
______________________________
FRED E. McKELVEY, Senior )
Administrative Patent Judge )
)
)
______________________________) BOARD OF PATENT
SALLY GARDNER-LANE ) APPEALS AND
Administrative Patent Judge ) INTERFERENCES
)
)
______________________________)
1 See Redeclaration of Interference (paper 8).
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