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 1-20 of patent 6,156,229; FURTHER ORDERED that senior party, ROBERT M. MOORE and CHRISTOPHER J. NALEPA is not entitled to a patent containing Claims 61-65 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 6,156,229; and FURTHER ORDERED that if there is any settlement agreement which has not been filed, attention shall be 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 ) 2Page: Previous 1 2 3 NextLast modified: November 3, 2007