Fullerton et al v. Hara et al - Page 2




                JUDGMENT UNDER 37 C.F.R. §1.662(a) (Paper 15), in which party Fullerton requests adverse                                      
                judgment, it is                                                                                                               
                         ORDERED that judgment on priority as to Count 1 (Paper 1, page 5), the sole count in                                 
                the interference, is awarded against junior party ERIC EDWARD FULLERTON, BRUCE                                                
                DAVID TERRIS and KLAUS WELLER.                                                                                                
                         FURTHER ORDERED that junior party  ERIC EDWARD FULLERTON, BRUCE                                                      
                DAVID TERRIS and KLAUS WELLER is not entitled to a patent containing claims 1-5 and 8-                                        
                12 (corresponding to Count 1) of U.S. patent 6,391,430.                                                                       
                         FURTHER ORDERED that a copy of this paper shall be made of record in files of                                        
                application 09/654,487 and U.S. Patent 6,391,430.                                                                             
                         FURTHER ORDERED 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 AND                                            
                                 Administrative Patent Judge                       )  INTERFERENCES                                           
                                                                                   )                                                          
                                                                                   )                                                          
                                 ______________________________ )                                                                             
                                 SALLY C. MEDLEY                                   )                                                          
                                 Administrative Patent Judge                       )                                                          




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