Accordingly, it is
ORDERED that judgment as to Count 1 (Paper 1 at 5) is
awarded against junior party ALBERT FAZIO.
FURTHER ORDERED that junior party ALBERT FAZIO is not
entitled to a patent containing claims 17 and 18 (corresponding
to Count 1) of U.S. Patent 5,742,543.
FURTHER ORDERED that a copy of this paper shall be made
of record in the files of application 09/280,036, U.S. Patent
5,742,543, and Fazio reissue application of its 5,742,543
patent1.
FURTHER ORDERED that if there is a settlement
agreement, attention is directed to 35 U.S.C. § 135(c) and 37 CFR
§ 1.661.
______________________________
JAMESON LEE )
Administrative Patent Judge )
)
)
______________________________) BOARD OF PATENT
SALLY GARDNER-LANE ) APPEALS AND
Administrative Patent Judge ) INTERFERENCES
)
)
______________________________)
SALLY C. MEDLEY )
Administrative Patent Judge )
1 The reissue application has not yet been given a number.
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