Interference No. 104,522 Paper108
Nichols v. Tabakoff Page 71
FURTHER ORDERED that in view of our judgment as to Count 1 awarding
priority against junior party, ALFRED C. NICHOLS and K. LEMONE YIELDING
(NICHOLS), renewed Tabakoff preliminary motion 1 is dismissed as moot;
FURTHER ORDERED that if there is a settlement agreement and it has not
already been filed, attention is directed to 35 U.S.C. § 135(c) and 37 CFR § 1.661; and,
FURTHER ORDERED that a copy of this decision be given appropriate paper
numbers and entered into the file records of U.S. Patent 5,783,700, reissue Application
09/625,018 and Application 09/171,697.
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RICHARD L-- SCHAFER
Administrative Patent Judge
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CAROL A. SP3EGEfL
Administrative Patent Judge
MICHAEL P. TIERNEY
Administrative Patent Judge
June 30, 2003
Arlington, VA
Enc: Office action mailed August 27, 1999 (Paper 4) in Tabakoff '697
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