V. Judgement
Upon consideration of the record, and for the reasons given herein, it is:
ORDERED that judgment on priority as to Count 1 (Paper No. 1 and Paper No. 2,
Notice Declaring Interference), the sole count in the interference, is awarded against Junior Party
Goddard.
FURTHER ORDERED that junior party Goddard is not entitled to a patent
containing claims 26-28, 30 and 31 (corresponding to Count 1) of Goddard U.S. Application No.
07/982,949, filed February 22, 1993.
FURTHER ORDERED that a copy of this final decision shall be placed and given
a paper number in the file of Goddard U.S. Application No. 07/982,949 and in Gambaro U.S.
Patent No. 5,322,322
FURTHER ORDERED that if there is any settlement agreement which has not
been filed, 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
JAMESON LEE ) APPEALS
Administrative Patent Judge ) AND
) INTERFERENCES
)
)
)
MICHAEL P. TIERNEY )
Administrative Patent Judge )
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