HUDZIAK et al. V. GREENE et al. - Page 2






                                                                                                                        Interference 105,021                             
                                                                                                                                     Page No. 2                          
                              Both parties have requested that the 105,021 and 105,022 interferences be consolidated                                                     
                    into a single interference. The Board concurs. A single consolidated interference will provide an                                                    
                    efficient and just determination on the underlying question of priority of invention between the                                                     
                    two real parties in interest. Thus, to better resolve the issues presented in Interference Nos.                                                      
                    105,021 and 105,022, these interferences are terminated without prejudice and merged into a new                                                      
                    (redeclared) Interference No. 105,048.                                                                                                               

                    It is:                                                                                                                                               
                              ORDER-ED that Interference No. 105,021 is terminated without prejudice to Greene,                                                          
                    U.S. Application No. 09/158,899 and Hudziak, US. Patent No. 6,165,464.                                                                               
                              FURTHER ORDERED that a copy of this final decision shall be placed and given a                                                             
                    paper number in the file of Greene, U.S. Application No. 09/158,899 and Hudziak, U.S. Patent                                                         
                    No. 6,165,464.                                                                                                                                       




                                                                               Michael P. Tierney                                                                        
                                                                               Administrative Patent Judge                                                               
























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