BANSLEBEN et al v. JOHNSON et al - Page 2




                                                                                             Interference No. 105,000                    
                                                                                                             Page No. 2                  
                entered against Bansleben.  37 C.F.R. §1.662.                                                                            
                        Upon consideration of the record, it is:                                                                         
                                     that judgment on priority as to Count 1 (Notice Declaring Interference,                             
                Paper No. 1, page 6), the sole count in the interference, is awarded            Junior Party                             
                Bansleben.                                                                                                               
                                                   that Junior Party Bansleben is not entitled to a patent containing                    
                claims 1, 12-37 and 210-220 of Bansleben et al.,  U.S. Patent Application 09/568,656 as these                            
                claims correspond to Count 1.                                                                                            
                                                   that a copy of this final decision shall be placed and given a                        
                paper number in the file of Johnson et al., U.S. Application No. 09/417,323 and Bansleben et al.,                        
                U.S. Patent Application 09/568,656.                                                                                      
                                                   that if there is a settlement agreement, attention is directed to                     
                35 U.S.C. § 135(c) and 37 CFR § 1.661.                                                                                   


                                        CAROL A. SPIEGEL                        )                                                        
                                        Administrative Patent Judge             )                                                        
                                                                                )                                                        
                                                                                )                                                        
                                                                                )       BOARD OF PATENT                                  
                                        SALLY GARDNER-LANE                      )       APPEALS                                          













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