Accordingly, it is
ORDERED that judgment on priority as to the subject matter of Count I (Paper 1, p. 5),
is awarded against the junior party, ALCOA, INC.;
FURTHER ORDERED that junior party, ALCOA, INC., is not entitled to a patent
containing claims 27-28' (corresponding to Count 1) of Application 09/473,246;
FURTHER ORDERED that a copy of this judgment and a copy of the ORDER - RULE
634 (Paper 43, entered August 20, 2004) be made of record in the file of Patent 6,017,657 and in
Application 09/473,246; and
FURTHER ORDERED that if there is a settlement agreement which has not been filed,
attention is directed to 35 U.S.C. § 135(c) and 37 CFR § 1.661.
(ýZA ý- 34
RICHARD E. SCHAFER
Administrative Patent Judge
BOARD OF PATENT
/AMESON LEE APPEALS AND
(/ýdministrative Patent Judge )INTERFERENCES
MARK NAGUMO
Administrative Paten aJge
Application 09/473,246 also includes pending claims 1-4 and 7-25 which were designated as not
corresponding to the count. Paper 1, p. 5. Those claims are not involved in this interference and, therefore, are not
effected by this judgment. Any further prosecution of those claims is at the discretion of die examiner.
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