ORDERED that judgment on priority as to the subject matter of Counts 1-7 (Paper 1, p. 5),
is awarded against the senior party, PAUL YAGER, JAMES P. BRODY, MARK R. HOLL, FRED
K. FORSTER and PAUL C. GALAMBOS;
FURTHER ORDERED that senior party, PAUL YAGER, JAMES P. BRODY, MARK R.
HOLL, FRED K. FORSTER and PAUL C. GALAMBOS, is not entitled to a patent containing
claims 5-35, 37, 39-41 and 43-45 (corresponding to Counts 1-7) of Application 09/346,852;
FURTHER ORDERED that a copy of this judgment be made of record in Patent 5,842,787
and in Application 09/346,852; and
FURTHER ORDERED that if there is a settlement agreement which has not been filed,
attention is directed to 35 U.S.C. § 135(c) and 37 CFR § 1.661.
)
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______________________________)
RICHARD E. SCHAFER )
Administrative Patent Judge )
)
)
______________________________) BOARD OF PATENT
JAMESON LEE ) APPEALS AND
Administrative Patent Judge ) INTERFERENCES
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______________________________)
SALLY C. MEDLEY )
Administrative Patent Judge )
)
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