Ex Parte PAGE - Page 56




               4.      Final Judgment:                                                                                                
                               FURTHER ORDERED that judgment on priority as to Count 2, the sole count in                             
               the interference, is awarded against junior party Glaxo Wellcome, Inc.;                                                
                               FURTHER ORDERED that junior party Glaxo Wellcome, Inc., is not entitled to                             
               a patent containing claims 1-7 of patent 5,545,403 which correspond to proposed Count 2;                               
                               FURTHER ORDERED that junior party Glaxo Wellcome, Inc., is not entitled to                             
               a patent containing claims 1-7 of patent 5,545,404 which correspond to proposed Count 2;                               
                               FURTHER ORDERED that junior party Glaxo Wellcome, Inc., is not entitled to                             
               a patent containing claims 1-9 of patent 5,545,405 which correspond to proposed Count 2;                               
                               FURTHER ORDERED that a copy of this decision be given a paper number and                               
               be entered in the administrative records of Glaxo’s 5,545,403, 5,545,404, and 5,545,405 patents                        
               and Cabilly’s 08/909,611 application;                                                                                  



















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