CLOUGH et al. V. BRAND et al. - Page 2




                      Whereas the junior party, Clough et al., has failed to file a response to the Order to                   
              Show Cause of December 20, 2000 (Paper No. 2) within the time set therefor, pursuant to that                     
              Order judgment is hereby entered as follows:                                                                     

                                                        JUDGMENT                                                               
                      Judgment as to the subject matter of the sole count in issue is hereby awarded to                        
              Brand et al., the senior party.                                                                                  
                      Accordingly, Clough et al. (Patent 5,221,691) are not entitled to their patent claims 1-7                
              corresponding to the count.                                                                                      
                      On the record before us in this interference, Brand et al. are entitled to a patent                      
              containing claims 8, 10, 12-14 and 16-17 of their reissue application 08/627,377 which                           
              correspond to the count and, also, are entitled to claims 1, 4-5 and 7-8 of their patent                         
              5,194,662 which correspond to the count.                                                                         




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                                     Administrative Patent Judge          )                                                    
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              ______________________________) BOARD OF PATENT                                                                  
                                                                  ) APPEALS AND                                               
                                     Administrative Patent Judge          )  INTERFERENCES                                     
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                                     Administrative Patent Judge          )                                                    







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