Accordingly , it is
ORDERED that judgment on priority as to the subject matter of Count 1 (Paper
1, p.5), is awarded against the junior party, CESARE BUSETTI and TIZIANO CRIMELLA;
FURTHER ORDERED that junior party, CESARE BUSETTI and TIZIANO
CRIMELLA, is not entitled to a patent containing claims 1-27 (corresponding to Count 1) of
Patent 5,788,987;
FURTHER ORDERED that a copy of this judgment be made of record in the
file of Patent 5,788,987 and in Application 09/023,574; and
FURTHER ORDERED that if there is a settlement agreement which has not
been filed, attention is directed to 35 U.S.C. § 135(c) and 37 CFR § 1.661.
______________________________)
RICHARD E. SCHAFER )
Administrative Patent Judge )
)
)
______________________________) BOARD OF PATENT
SALLY GARDNER-LANE ) APPEALS AND
Administrative Patent Judge ) INTERFERENCES
)
)
______________________________)
MICHAEL P. TIERNEY )
Administrative Patent Judge )
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