MOORE et al. v. SUNDHOLM - Page 2



          13, 14, and 17-24 and any one of Moore’s involved claims 1-10.              
               Sundholm was authorized to cancel its claim 12 and Moore and           
          Sundholm were authorized to file a joint preliminary motion for             
          no interference-in-fact (Paper 77).  Sundholm’s unopposed                   
          miscellaneous motion to cancel its claim 12 was granted (Paper              
          79).  On 6 May 2002, Moore and Sundholm filed a paper for no                
          interference-in-fact between the remaining Sundholm claims 6, 10,           
          13, 14 and 17-24 and all of Moore’s claims 1-10 (Paper 80).  A              
          decision on the joint preliminary motion for no interference-in-            
          fact is now before us.                                                      
               B.  Findings of fact                                                   
               The record supports the following findings, and any                    
          additional findings made throughout the opinion, by at least a              
          preponderance of the evidence.                                              
               1.  Moore is involved on the basis of patent 6,024,175,                
          granted 15 February 2000, based on application 09/062,242, filed            
          17 April 1998.                                                              
               2.  Sundholm is involved on the basis of application                   
          09/367,972, filed 7 September 1999.                                         
               3.  Sundholm has been accorded benefit for the purpose of              
          priority of application PCT/FI99/00007, filed 7 January 1999.               
               4.  Sundholm has been accorded benefit for the purpose of              
          priority of Finnish application 980034, filed 9 January 1998.               
               5.  Sundholm real party in interest is Goran Sundholm                  

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