ECKHARDT et al. V. NOVOTNY et al. - Page 4




                    FURTHER ORDERED that preliminary motions 1 to 4 filed             
          by Eckhardt in interference 104,689 and preliminary motions 1 to            
          4 filed by Eckhardt in interference 104,690 are DISMISSED as                
          moot;                                                                       
                    FURTHER ORDERED that a copy of this decision be given a           
          paper number and be entered in the administrative records of                
          Eckhardt's 5,885,586 and 5,885,587 patents and Novotny's                    
          09/343,398 application; and                                                 
                    FURTHER ORDERED that if there is a settlement                     
          agreement, the parties are directed to 35 USC § 135(c) and 37 CFR           
          § 1.666.                                                                    





                         ______________________________                               
                         JAMESON LEE                   )                              
                         Administrative Patent Judge   )                              
                                                       )                              
                                                       )                              
                         ______________________________) BOARD OF PATENT              
                         CAROL A. SPIEGEL              )   APPEALS AND                
                         Administrative Patent Judge   )  INTERFERENCES               
                                                       )                              
                                                       )                              
                         ______________________________)                              
                         SALLY GARDENER-LANE           )                              
                         Administrative Patent Judge   )                              







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