YANG et al. V. MOORE et al. - Page 2



            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 )                            


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