MONOD et al v. BLINKOVSKY et al - Page 2




                Interference No. 104,838                                                                Paper 28                         
                Monod v. Blinkovsky                                                                     Page 2                           
                        ORDERED that judgment on priority as to Counts 1 and 2 (Paper 1, page 5) is                                      
                awarded against junior party MICHEL MONOD, AGNES DOUMAS, MICHAEL                                                         
                AFFOLTER and PETER VAN DEN BROEK;                                                                                        
                        FURTHER ORDERED that junior party MICHEL MONOD, AGNES DOUMAS,                                                    
                MICHAEL AFFOLTER and PETER VAN DEN BROEK is not entitled to a patent                                                     
                containing claims 1-4 (corresponding to Count 1) and 5-17 and 19 (corresponding to                                       
                Count 2) of U.S. Patent 6,309,868, issued October 30, 2001, based on U.S. application                                    
                09/462,284, filed March 24, 2000, as the national stage entry of PCT/EP98/02799, filed                                   
                May 6, 1998, which claimed foreign priority to EP application 97111377, filed July 5,                                    
                1997;                                                                                                                    
                        FURTHER ORDERED that a copy of this paper shall be made of record in the                                         
                files of U.S. Patent 6,309,868 and of U.S. application 09/079,592; 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             )                                                
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                                                                                        )                                                
                                                                                        )                                                
                                                _______________________ )  BOARD OF PATENT                                               
                                                RICHARD TORCZON                         )       APPEALS AND                              
                                                Administrative Patent Judge             )     INTERFERENCES                              
                                                                                        )                                                
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                                                ________________________ )                                                               
                                                CAROL A. SPIEGEL                        )                                                
                                                Administrative Patent Judge             )                                                









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