and
(4) Fred E. McKelvey, Senior Administrative Patent
Judge.
In this telephone conference call, the parties agreed that
on the record of this interference proceeding:
(1) Starrett is accorded the benefit for priority of its
provisional application, serial no. 60/045,155, filed on April
30, 1997;
(2) Vuligonda is accorded the benefit for priority of its
application, serial no. 08/764,466, filed December 12, 1996;
(3) Starrett stated in its preliminary motion that it would
rely for priority solely on the filing date of its provisional
application;
(4) Starrett conceded that it was not entitled to a patent
on its involved claims; and
(5) the parties have not entered into a settlement
agreement.
B. Order
Upon consideration of the telephone conference call
summarized immediately supra, it is
ORDERED that judgment on priority as to Count 2, the
sole count in the interference, is awarded against junior party
Starrett.
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