Interference No. 104,818
Page No. 5
of Sullivan's U.S. Patent No. 6,015,916 and U.S. Patent No. 6,455,719. Accordingly, Bingel
Preliminary Motions I and 2 are dismissed as moot as all of Sullivan's claims of have been
determined to be unpatentable to Sullivan.
IV. Sullivan's Request for Reconsideration
Sullivan has requested reconsideration in-part of the Notice Redeclaring Interference
(Paper No. 44). Sullivan's request (Paper No. 50) asks that the Notice be modified by vacating
that part of the Notice that granted Bingel Miscellaneous Motion 2 to amend Bingel claim 8. As
adverse judgment is entered against all of Sullivan's pending claims, Sullivan's request for
reconsideration of Paper No. 44 (Notice Redeclaring Interference) is dismissed as moot.
Upon consideration of the record, it is:
ORDERED that judgment on priority as to Count 2 (Notice Redeclaring Interference,
Paper No. 44), the sole count in the interference, is awarded against Junior Party Sullivan.
FURTHER ORDER-ED that Junior Party Sullivan is not entitled to a patent containing
claims I -18 of U.S. Patent No. 6,015,916 and claim I of U.S. Patent No. 6,45 5,719, which
correspond to Count 2 (Paper No. 44, p. 7).
FURTHER ORDERED that a copy of this final decision shall be placed and given a
paper number in the file of Sullivan U.S. Patent No. 6,015,916, Sullivan U.S. Patent No.
6,455,719 and Bingel, U.S. Application No. 09/508,057.
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