DESAUTELS et al. V. GENISE et al. - Page 2




             Interference No. 104,834                                                                                  
             Genise v. Desautels                                                                                       
                    For the reasons given in the Decision on Priority (Paper No. 103), it is                           
                    ORDERED that judgment on priority as to the subject matter of the sole count, Count 1,             
             is herein entered against junior party THOMAS A. GENISE, RONALD K. MARKYVECH and                          
             JAMES R. McREYNOLDS;                                                                                      
                    FURTHER ORDERED that junior party THOMAS A. GENISE, RONALD K.                                      
             MARKYVECH and JAMES R. McREYNOLDS is not entitled to its application claims 48-50                         
             and 53 which correspond to Count 1;                                                                       
                    FURTHER ORDERED that the motion panel's May 12, 2003 decision on preliminary                       
             motions (Paper No. 66) is merged herewith for purposes of judicial review;                                
                    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                                            
                    FURTHER ORDERED that a copy of this judgment be filed in the respective involved                   
             application or patent of the parties.                                                                     






                                  Fred E. McKelvey, Senior                                                             
                                  Administrative Patent Judge                                                          


                                                                         BOARD OF PATENT                               
                               6ýidmZýdn Lýe APPEALS                                                                   
                                     mmistrative Patent Judge AND                                                      
                                                                          INTERFERENCES                                


                                  Jhwe,5-4. Mbee                                                                       
                                  Administrative Patent Judge                                                          


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