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




            InterferenceNo. 104,835                                                                                  
            Genise v. Desautels                                                                                      
                   For the reasons given in the Decision on Priority (Paper No. 107), 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 35-38,                       
            41-43, 45, 47 and 49 which correspond to Count 1;                                                        
                   FURTHER ORDERED that the motion panel's May 22, 2003 decision on preliminary                      
            motions (Paper No. 71) is merged herewith for purposes ofjudicial 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 ORDER-ED that a copy of this judgment be filed in the respective involved                 
            application or patent of the parties.                                                                    






                                 fired E. McKelvey, Senior                                                           
                                 Administrative Patent Judge                                                         


                                                                         BOARD OF PATENT                             
                                     eson Lee APPEALS                                                                
                               /ým d inis tj AND                                                                     
                                    ministrative Patent Judge                                                        
                                                                          INTERFERENCES                              


                                 Mate                                                                                
                                 Administrative Patent Judge                                                         


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