SIELING vs MCCUMBER et al - Page 3




                      ORDERED that judgment on priority as to Count 1, the only count in this interference, is                   
               awarded against junior party FREDERICK W. SIELING;                                                                
                      FURTHER ORDERED that junior party, FREDERICK W. SIELING, is not entitled to a                              
               patent containing Claims 1-18 of Patent 6,038,827 which correspond to Count 1;                                    
                      FURTHER ORDERED that senior party, LEONARD D. McCUMBER, RANDAL J.                                          
               JOLITZ and VIRGINIA K. COLEMAN, is not entitled to a patent claiming Claims 109 and 116-118                       
               of Application 08/933,160;                                                                                        
                      FURTHER ORDERED that if there is a settlement agreement and it has not already been                        
               filed, attention is directed to 35 U.S.C. § 135(c) and 37 CFR § 1.661;                                            
                      FURTHER ORDERED that any request for reconsideration of this judgment or the decision                      
               on preliminary motions be filed within one month of this decision; and                                            
                      FURTHER ORDERED that a copy of this judgment and the Decision on Preliminary                               
               Motions (Paper 62) be given appropriate paper numbers and entered into the file records of Patent                 
               6,038,827 and Application 08/933,160.                                                                             



                                     RICHARD E. SCHAFER                    )                                                     
                                     Administrative Patent Judge           )                                                     
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                                                                           )                                                     
                                     JAMES T. MOORE                        )  BOARD OF PATENT                                    
                                     Administrative Patent Judge           )       APPEALS AND                                   
                                                                           )   INTERFERENCES                                     
                                                                           )                                                     
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                                                                           )                                                     
                                     LINDA R. POTEATE                      )                                                     
                                     Administrative Patent Judge           )                                                     

               cc (via First Class Mail):                                                                                        
               Attorney for SIELING:                                                                                             

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