Ex Parte HAZES - Page 20





                                                                                Interference No. 104,8 3 3           
                                                                                            Page No. 20              
                          Hazes 10/192,146 application: 1-15                                                         
                          Bries: 68-85                                                                               
                   E. Judgment                                                                                       
                   Junior party Hazes is not entitled to the benefit of its German Patent Application No. DE         
            197 26 375, filed 21 June 1997 for either its patent or reissue application. Accordingly, judgment       
            is entered against junior party Hazes. Furthermore, as discussed supra, in connection with Hazes         
            preliminary motion 1, Brics does not have written description for its claims 68-8 1. Therefore, it       
            is                                                                                                       
                   ORDERED that judgment as to the subject matter of count 3 is herein entered against               
            junior party HANS HAZES;                                                                                 
                   FURTHER ORDERED that junior party HANS HAZES is not entitled to its U.S.                          
            patent 6,086,973 claims 1- 13 or its reissue application 10/192,146 claims 1- 15 which correspond        
            to count 3;                                                                                              
                   FURTHER ORDERED that the examiner shall enter the Bries amendment adding                          
            claims 82-85 to application 08/989,507;                                                                  
                   FURTHER ORDERED that Bries claims 68-81 are unpatentable to Bries under 35                        
            U.S.C. § 112, ý1;                                                                                        
                   FURTHER ORDERED that if there is a settlement agreement, the parties should note                  
            the requirements of 35 U.S.C. § 135(c) and 37 CFR § 1.666; and                                           












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