agrees to entry of adverse judgment” (Paper 14 at 2). We enter judgment against Hammang as
to all its claims corresponding to the count pursuant to 37 CFR § 1.662(a).
Upon consideration of the record of the interference, it is
ORDERED that judgment as to Count 1, the sole count in the interference, is
awarded against junior party JOSEPH P. HAMMANG and PATRICK AEBISCHER;
FURTHER ORDERED that junior party JOSEPH P. HAMMANG and
PATRICK AEBISCHER is not entitled to a patent containing claims 1-19 and 21 of patent
6,027,721 which correspond to Count 1;
FURTHER ORDERED that if there is a settlement agreement, the parties’
attention is directed to 35 USC § 135(c) and 37 CFR § 1.666; and
FURTHER ORDERED that a copy of this judgment be given a paper number
and be entered in the administrative records of Hammang's 6,027,721 patent and Saller's
08/996,460 application.
______________________________ )
CAROL A. SPIEGEL )
Administrative Patent Judge )
)
)
)
______________________________ ) BOARD OF PATENT
SALLY GARDNER LANE ) APPEALS AND
Administrative Patent Judge ) INTERFERENCES
)
)
)
______________________________ )
LINDA R. POTEATE )
Administrative Patent Judge )
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