STICE et al v. CAMPBELL et al - Page 29



          Interference 104,746                                    Paper 123           
          Stice v. Campbell                                                           
                                        ORDER                                         
               In view of the foregoing considerations, it is:                        
                    ORDERED that Stice has failed to establish, by a                  
          preponderance of the evidence, that it conceived an embodiment              
          within the scope of any of counts 4–6, which are all the counts             
          of this interference, before Campbell's constructive reduction to           
          practice;                                                                   
                    FURTHER ORDERED that Stice has failed to establish, by            
          a preponderance of the evidence, that it reduced to practice an             
          embodiment within the scope of any of counts 4–6;                           
                    FURTHER ORDERED that Stice has failed to establish, by            
          a preponderance of the evidence, that it was diligent in its                
          attempts to reduce to practice an embodiment within the scope of            
          any of counts 4–6.                                                          
                    FURTHER ORDERED that Judgment is entered in Paper 124             
          which accompanies this decision.                                            
                    FURTHER ORDERED that this paper be given an appropriate           
          number and placed in the patent file of U.S. Patent 5,945,577 and           
          in the application file of 09/650,194.                                      





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