Ex Parte Peters - Page 2





                       ORDERED that judgment on priority as to the subject matter of Count I (Paper 1, pý 5), is              
                awarded against the senior party, RICHARD L. EICHHOLZ, PARKE K. FLICK, ALAN                                   
                WAGGONER and GERARD BROPHY;                                                                                   
                       FURTHER ORDERED that senior party, RICHARD L. EICHHOLZ, PARKE K. FLICK,                                
                ALAN WAGGONER and GERARD BROPHY, is not entitled to a patent containing claim 20                              
                (corr esponding to Count 1) of Application 08/998,29 1;                                                       
                       FURTHER ORDERED that a copy of this judgmelt be made of record in Application                          
                08/998,291 and in the file of Patent 6,037,130 ; and                                                          
                       FURTHER ORDERED that if there is a any settlement agreement which has not been filed,                  
                attention is directed to 35 U.S.C. § 135(c) and 37 CFR § 1.661.                                               



                                      RICHARD E. SCHAFEF.1                                                                    
                                      Administrative Patent Judge                                                             

                                                                                   BOARD OF PATENT                            
                                       XNUýSbN LEt APPEALS AND                                                                
                                   (JýAdministrative Patent Judge INTERFERENCES                                               


                                      CAROL A. sP&GVfL                                                                        
                                      Administrative Patent Judge                                                             


                cc (by Fax):                                                                                                  
                Attorney for Tyagi: Attorney for Eichholz:                                                                    
                       William J. Hone Jeffrey S. Sharp                                                                       
                       FISH & RICHARDSON M A R S H A L L, O'T 0 0 L E,                                                        
                       45 Rockefeller Plaza GERSTEIN, MURRAY & BORUN                                                          
                       New York, NY 10111 6300 Sears Tower                                                                    
                                                                           23 3 South Wacker Drive                            
                       Fax: 212-258-2291 Chicago, IL 60606-6402                                                               
                                                                           Fax: 312-474-0448                                  








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