of US patent 6,414,133 issued 2 July 2002, which correspond to count 1, the sole count in the
interference;
FURTHER ORDERED that a copy of this judgment be given a paper number
and be entered in the administrative records of each of Dietz-Band's 6,414,133 patent and
Gray's 10/608,092 application;
FURTHER ORDERED that Dietz-Band motions 1 through 8 and Gray motions 1
through 3 are DISMISSED; and
FURTHER ORDERED that a recommendation is made under 35 USC
§ 41.127(c) that, upon the resumption of ex parte prosecution of the Gray application, the
examiner consider:
(1) Dietz-Band motion 1 and Gray's opposition to the motion, and
(2) Dietz-Band motion 2 and Gray's opposition to the motion,
and take any action that would be appropriate in view of the motions and oppositions.
_________________________________
FRED E. McKELVEY )
Senior Administrative Patent Judge )
)
)
)
_________________________________ ) BOARD OF PATENT
RICHARD TORCZON ) APPEALS
Administrative Patent Judge ) AND
) INTERFERENCES
)
_________________________________ )
SALLY GARDNER LANE )
Administrative Patent Judge )
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