Interference 105,158 (JTM) May 19, 2004
Paper 28
November 25, 1998. (Paper 1, page 4).
Consequently, Turner cannot prevail in this interference and it shall be
terminated expeditiously.
Michaluk has also filed a preliminary statement (Paper 27), and four preliminary
motions (Papers 22, 23, 24 and 25).
C. Judgment
It is hereby:
ORDERED that judgment on priority as to Count 1 (Paper 1, page 5),
the only count in the interference, is awarded against junior party STEPHEN P.
TURNER.
FURTHER ORDERED that junior party STEPHEN P. TURNER is not
entitled to a patent containing claims 1-6 (corresponding to Count 1) of Patent
6,331,233.
FURTHER ORDERED that a copy of this paper shall be made of record in files of
Patent 6,331,233 and application 09/922,815.
FURTHER ORDERED that if there is a settlement agreement, attention is
directed to 35 U.S.C. § 135(c), 37 CFR §§ 1.661 and 1.666.
FURTHER ORDERED that Michaluk’s Preliminary Motions 1-4 are dismissed as
moot.
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