(2) The following claims are designated as corresponding to Count 2:
Wertz: 1, 5, 6, and 10
Rose: 75-99 and 101-132;
FURTHER ORDERED that judgment on priority is awarded against GAIL W.
WERTZ, QINGZHONG YU, LAURENCE A. BALL, JOHN N. BARR, AND SEAN P.J.
WHELAN as to Count 2;
FURTHER ORDERED that GAIL W. WERTZ, QINGZHONG YU,
LAURENCE A. BALL, JOHN N. BARR, AND SEAN P.J. WHELAN is not entitled to a patent
containing claims 1, 5, 6, and 10 of patent 5,789,229 that correspond to Count 2;
FURTHER ORDERED that a copy of the terminal disclaimer filed by Rose
(Paper 33) shall be given a paper number and entered in Rose's 08/435,032 application;
FURTHER ORDERED that a copy of the amendment filed by Rose canceling
claim 100 (Paper 34) shall be given a paper number and entered in Rose's 08/435,032
application;
FURTHER ORDERED that a copy of this decision shall be given a paper
number and entered in the administrative records of Wertz's 5,789,220 patent and Rose's
08/435,032 application; and
FURTHER ORDERED that if there is a settlement agreement in the
interference, the parties are directed to 35 USC § 135(c) and 37 CFR § 1.666.
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