Upon consideration of the fact that Casale is now junior party and has not filed a preliminary
statement (see Paper 36), it is
ORDERED that judgment on priority as to Count 1, the sole count in the interference,
is awarded against junior party
Andrew J. Casale and Richard V. C. Carr.
FURTHER ORDERED that junior party Andrew J. Casale and Richard V. C. Carr is
not entitled to a patent containing claims 1-4 (corresponding to Count 1) of U.S. Patent 5,714,634,
issued 3 February 1998, based on application 08/671,559, filed 25 June 1996.
FURTHER ORDERED that a copy of this paper shall be made of record in files of
application 09/149,379 and U.S. Patent 5,714,634.
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 )
)
)
______________________________)
RICHARD E. SCHAFER ) BOARD OF PATENT
Administrative Patent Judge ) APPEALS AND
) INTERFERENCES
)
______________________________)
JAMESON LEE )
Administrative Patent Judge )
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