In this interference, Rosenstein patent claims 1-23 and
Rosenstein reissue application claims 1-73 correspond to Count 4.
Since Rosenstein has lost on the issue of priority with respect
to Count 4, a judgment will be entered against Rosenstein with
respect to the noted claims.
C. Order and Judgment
Upon consideration of the record, and for the reasons given,
it is
ORDERED that judgment on priority as to Count 4
(Paper 130, page 2), the sole count in the interference, is
awarded against senior party Robert W. Rosenstein.
FURTHER ORDERED that senior party Robert W. Rosenstein
is not entitled to a patent containing claims 1-23 (corresponding
to Count 4) of U.S. Patent 5,591,645, granted January 7, 1997,
based on application 08/049,247, filed April 20, 1993.
FURTHER ORDERED that senior party Robert W. Rosenstein
is not entitled to a patent containing claims 1-73 (corresponding
to Count 4) of application 09/167,028, filed October 6, 1998, to
reissue U.S. Patent 5,591,645 (mentioned above)
FURTHER ORDERED that a copy of this paper shall be made
of record in files of (1) Charlton application 08/465,675, (2)
Rosenstein U.S. Patent 5,591,645 and (3) Rosenstein application
09/167,028.
FURTHER ORDERED that if there is a settlement agreement
which has not already been filed in the Patent and Trademark
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