TIMMERS et al. V. Erker et al. - Page 2




                  Patent Interference 105,250                                                                                Paper 41                     
                  Dow Chemical Co. v. Basell Polyolefine GmbH                                                                  Page 2                     

                           Pursuant to the “DECISION S PRIORITY S BD.R. 125(a)” issued herewith, it is hereby                                             
                                    ORDERED that judgment on the issue of priority is entered in favor of the Senior                                      
                  Party and against the Junior Party as to Count 1, the sole count, and it is                                                             
                                    FURTHER ORDERED that the Junior party is not entitled to a patent containing                                          
                  claims 1 through 3 of U.S. Patent 5,527,929, which are designated as corresponding to the count;                                        
                  and it is                                                                                                                               
                                    FURTHER ORDERED that the parties shall direct attention to 35 U.S.C. § 135(c)                                         
                  and 37 CFR § 41.205(a) regarding the filing of settlement agreements.                                                                   



                                                                                          )                                                               
                                             /ss/ Adriene Lepiane Hanlon         )                                                                        
                                             ADRIENE LEPIANE HANLON                       )                                                               
                                             Administrative Patent Judge                  )                                                               
                                                                                          )                                                               
                                                                                          )    BOARD OF PATENT                                            
                                             /ss/ Richard Torczon                     )         APPEALS AND                                               
                                             RICHARD TORCZON                              )       INTERFERENCES                                           
                                             Administrative Patent Judge                  )                                                               
                                                                                          )                                                               
                                                                                          )                                                               
                                             /ss/ James T. Moore                      )                                                                   
                                             JAMES T. MOORE                               )                                                               
                                             Administrative Patent Judge                  )                                                               



                  ALH/alh                                                                                                                                 









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