SCOTT et al v. GBUR et al - Page 2




                                                                                         Interference No. 104,763                  
                                                                                                       Paper No. 2                 
               (Paper No. 64).  As Scott has requested adverse judgment as to all counts and corresponding                         
               claims involved in the interference, judgment on priority is awarded against Scott.  Additionally,                  
               as noted by Scott, the submission of a Scott Revised Preliminary Statement has been rendered                        
               moot.                                                                                                               
                       Upon consideration of the record, it is:                                                                    
                       ORDERED that judgment on priority as to Counts 1 and 2 is awarded against Junior                            
               Party Scott.                                                                                                        
                       FURTHER ORDERED that Junior Party Scott is not entitled to a patent containing                              
               claims 1-3 and 5-14, which correspond to Count 1, or a patent containing claims 15 and 17,                          
               which correspond to Count 2.                                                                                        
                       FURTHER ORDERED that a copy of this final decision shall be placed and given a                              
               paper number in the file of Scott U.S. Application 09/018,216 and Gbur U.S. Patent 6,139,883.                       




                                      CAROL A. SPIEGEL                       )                                                     
                                      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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