00
unpatentable. Accordingly, a count cannot be formulated,
and it is inappropriate to continue to the priority phase of
this interference. Therefore, it is:
ORDERED that judgment as to the subject matter of Count
1 (Paper 1, p. 5) is awarded against both parties;
FURTHER ORDERED that junior party, SHUNONG YANG,
WILLIAM F. McCOY, and ANTHONY W. DALLMIER is not entitled to
a patent containing Claims 1-37 of patent 6,423,267 Bl;
FURTHER ORDERED that senior party, ROBERT M. MOORE and
CHRISTOPHER J. NALEPA is not entitled to a patent containing
Claims 61-70 of application 09/451,319;
FURTHER ORDERED that a copy of this judgment be made of
record in the files of application 09/451,319 and patent
6,423,267 Bi;
FURTHER ORDERED that if there is any settlement
agreement which has not been filed, attention is directed to
35 U.S.C. § 135(c) and 37 CFR § 41.205.
/Richard E. Schafer/
RICHARD E. SCHAFER
Administrative Patent Judge
/Romulo H. Delmendo/ BOARD OF PATENT
ROMULO H. DELMENDO
Administrative Patent Judge APPEALS AND
/James T. Moore/ INTERFERENCES
JAMES T. MOORE
Administrative Patent Judge
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