Interference No. 105,116
We found in our "DECISION ON PRELIMINARY MOTIONS" filed on
even date with this judgment that all the parties, respective
claims designated as corresponding to the count were
unpatentable. Accordingly, it is now appropriate to enter
judgment against both parties. It is, therefore,
ORDERED that judgment as to the subject matter of Count 1,
the sole count in this interference, is entered against Robert M.
Hudziak, H. Michael Shepard, Axel Ullrich and Brian M. Fendly,
the junior party.
ORDERED that judgment as to the subject matter of Count 1,
the sole count in this interference, is entered against Mark I.
Greene and Jeffrey A. Drebin, the juniormost party.
ORDERED that judgment as to the subject matter of Count 1,
the sole count in this interference, is entered against C.
Richter King, Matthies H. Kraus and Stuart A. Aaronson, the
senior party.
FURTHER ORDERED that Mark I. Greene and Jeffrey A. Drebin,
the juniormost party, are not entitled to claims 3 through 5, 23,
26 and 27 of their involved application in this interference,
U.S. Serial Number 09/158,899, and designated as corresponding to
Count 1.
FURTHER ORDERED that Robert M. Hudziak, H. Michael Shepard,
Axel Ullrich and Brian M. Fendly, the junior party, are not
entitled to their involved patent, U.S. Patent Number 6,399,063,
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