SULLIVAN et al. V. BINGEL et al. V. Sullivan et al. - Page 6




                                                                                    Interference No. 104,818               
                                                                                                  Page No. 6               
                    FURTHER ORDERED that Sullivan's Request for Reconsideration of Paper No. 44 is                         
            dismissed as moot.                                                                                             
                    FURTHER ORDERED that Bingel Preliminary Motions I and 2 are dismissed as moot.                         

                    FURTHER ORDERED that if there is a settlement agreement, attention is directed to                      
            35 U.S.C. § 135(c) and 37 CFR § 1.661.                                                                         
                    RECOMMENDED that the examiner of Bingel's involved application review Sullivan                         
            Revised Preliminary Motion I (Paper No. 66) and Sullivan Preliminary Motion 2 (Paper No. 53)                   
            and consider taking any action deemed necessary to ensure the patentability of Bingel's claims.                



                                                               V                                                           
                                 6 ARD SCHAFER                                                                             
                                   Administrative Patent Judg                                                              

                                                                               BOARD OF PATENT                             
                                   R41CHARD T CZON ' J APPEALS                                                             
                                   Administrative Patent Ju4ý' AND                                                         
                                                                               INTERFERENCES                               

                                        4-C                                                                                
                                   MICHAEL P. TIERNEY                                                                      
                                   Administrative Patent Judge                                                             

















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