DIONNE v. LIOTTA et al v. - Page 2




                                        3.        Anthony J. Zelano, counsel for Dionne.                                                                                    


                              Part B.  Relevant discussion during conference call                                                                                           
                              The principal purpose of the conference call was to discuss the status of the interference.                                                   
                    During the conference call, counsel for Dionne requested that adverse judgment be entered                                                               
                    against Dionne.                                                                                                                                         
                              It is:                                                                                                                                        
                              ORDERED that judgment on priority to Count 1 (Notice Declaring Interference, Paper                                                            
                    No. 1, page 47), the sole count in the interference, is awarded against Junior Party Dionne.                                                            
                              FURTHER ORDERED that Junior Party Dionne is not entitled to a patent containing                                                               
                    claims 1-5 of Dionne, U.S. Patent No. 5,538,975.                                                                                                        
                              FURTHER ORDERED that a copy of this final decision shall be placed and given a                                                                
                    paper number in the file of Dionne, U.S. Patent No. 5,538,975 and Liotta et al., U.S. Application                                                       
                    No. 08/402,730.                                                                                                                                         



                                                  SALLY GARNER-LANE                                  )                                                                      
                                                  Administrative Patent Judge                        )                                                                      
                                                                                                     )                                                                      
                                                                                                     )                                                                      
                                                                                                     )                                                                      
                                                                                                     )         BOARD OF PATENT                                              
                                                  SALLY C. MEDLEY                                    )         APPEALS                                                      
                                                  Administrative Patent Judge                        )         AND                                                          
                                                                                                     )         INTERFERENCES                                                
                                                                                                     )                                                                      
                                                                                                     )                                                                      
                                                  MICHAEL P. TIERNEY                                 )                                                                      
                                                  Administrative Patent Judge                        )                                                                      







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