35 U.S.C. § 112, first paragraph, written description. This recommendation is without prejudice
to any other rejection the examiner deems necessary during the course of examining the Kumar
‘958 application.
C. Order
Upon consideration of the record, and for the reasons given, it is:
ORDERED that judgment on priority as to Count 1 (Notice Declaring Interference,
Paper No. 1, page 5), the sole count in the interference, is awarded against Junior Party Hayama.
FURTHER ORDERED that Junior Party Hayama is not entitled to a patent containing
claims 1-15 of Hayama et al., U.S. Patent No. 5,362,485.
FURTHER ORDERED that a copy of this Judgment shall be placed and given a paper
number in the file of Hayama et al., U.S. Patent No. 5,362,485 and Kumar et al., U.S. Patent
Application 08/460,958.
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