1
ORDERED that judgment on priority as to Count 3 (Paper 154, page 4) is
awarded against Junior Party Richard R. Bott and Andrew Shaw.
FURTHER ORDERED that Junior Party Richard R. Bott and Andrew Shaw is not
entitled to a patent containing Bott claims 1 through 28 (corresponding to Count
2
3)(Paper 155, page 2) .
FURTHER ORDERED that a copy of this paper shall be made of record in files
of application 09/327,563 and patent 5,763,385.
FURTHER ORDERED that the parties shall direct attention to 35 U.S.C. § 135(c)
and 37 CFR § 41.205(a) [see former rules 37 CFR §1.661 and §1.666] regarding the
filing of settlement agreements.
/Richard Torczon/ )
ADMINISTRATIVE PATENT JUDGE )
)
)
/Sally Gardner Lane/ ) BOARD OF PATENT
ADMINISTRATIVE PATENT JUDGE ) APPEALS AND
) INTERFERENCES
)
/James T. Moore/ )
ADMINISTRATIVE PATENT JUDGE )
1Count 3 is “[a] composition of matter in accordance with any one of claims 192, 214,
215, 216, 217, or 218 of Svendsen application 09/327,563.”
2Paper 155 corrected the correspondence of Bott’s claims 1-28, omitted from Paper 154,
as corresponding to Count 3.
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Last modified: November 3, 2007