EEK et al. V. MCCOLM - Page 2




                  Interference No. 104,795                                                                  Paper  9                                      
                  Eek v. McColm                                                                             Page 2                                        
                           ORDERED that judgment on priority as to Count 1 (Paper 1, page 5), the sole                                                    
                  count in the interference, is awarded against senior party ANDREW ALEXANDER                                                             
                  McCOLM.                                                                                                                                 
                           FURTHER ORDERED that senior party ANDREW ALEXANDER McCOLM is not                                                               
                  entitled to patent containing claims 15 and 16 (corresponding to Count 1) of U.S.                                                       
                  application 08/924,669, filed September 5, 1997, as a continuation of U.S. Patent                                                       
                  5,668,130, issued September 16, 1997, based on U.S. application 08/462,583, filed                                                       
                  June 5, 1995 as a continuation of U.S. application 08/357,223, filed December 12, 1994                                                  
                  as a continuation of U.S. application 07/946,576, filed September 18, 1992, which                                                       
                  claimed foreign priority to GB patent application 9120131.9, filed September 20, 1991;                                                  
                           FURTHER ORDERED that a copy of this paper shall be made of record in files of                                                  
                  U.S. application 08/924,669 and of U.S. Patent 5,633,244: 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.                                                             



                                                      _______________________ )                                                                           
                                                      RICHARD E. SCHAFER                           )                                                      
                                                      Administrative Patent Judge                  )                                                      
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                                                                                                   )                                                      
                                                                                                   )                                                      
                                                      _______________________ )  BOARD OF PATENT                                                          
                                                      RICHARD TORCZON                              )        APPEALS AND                                   
                                                                                                   ))     INTERFERENCES                                   
                                                      Administrative Patent Judge                                                                         
                                                                                                   )                                                      
                                                                                                   )                                                      
                                                                                                   )                                                      
                                                      ________________________ )                                                                          
                                                      CAROL A. SPIEGEL                             )                                                      
                                                      Administrative Patent Judge                  )                                                      









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