Ex Parte Kuslich - Page 2




                  Interference No.  105,252                                                                                                               
                  Kuslich v.  Hochschuler                                                                                                                 
                           ORDERED that judgment as to the subject matter of Count 1 is entered against senior                                            
                  party STEPHEN HOCHSCHULER, WESLEY JOHNSON, KEVIN L. NICKELS, THOMAS R.                                                                  
                  HEKTNER, LARRY WALES and TYLER LIPSCHULTZ;                                                                                              
                           FURTHER ORDERED that senior party STEPHEN HOCHSCHULER, WESLEY                                                                  
                  JOHNSON, KEVIN L. NICKELS, THOMAS R. HEKTNER, LARRY WALES and TYLER                                                                     
                  LIPSCHULTZ is not entitled to its patent claim 1 which corresponds to Count 1;                                                          
                           FURTHER ORDERED that judgment as to the subject matter of Count 2 is entered                                                   
                  against senior party STEPHEN HOCHSCHULER, WESLEY JOHNSON, KEVIN L. NICKELS,                                                             
                  THOMAS R. HEKTNER, LARRY WALES and TYLER LIPSCHULTZ;                                                                                    
                           FURTHER ORDERED that senior party STEPHEN HOCHSCHULER, WESLEY                                                                  
                  JOHNSON, KEVIN L. NICKELS, THOMAS R. HEKTNER, LARRY WALES and TYLER                                                                     
                  LIPSCHULTZ is not entitled to its patent claims 2 and 3 which correspond to Count 2;                                                    
                           FURTHER ORDERED that judgment as to the subject matter of Count 3 is entered                                                   
                  against senior party STEPHEN HOCHSCHULER, WESLEY JOHNSON, KEVIN L. NICKELS,                                                             
                  THOMAS R. HEKTNER, LARRY WALES and TYLER LIPSCHULTZ;                                                                                    
                           FURTHER ORDERED that senior party STEPHEN HOCHSCHULER, WESLEY                                                                  
                  JOHNSON, KEVIN L. NICKELS, THOMAS R. HEKTNER, LARRY WALES and TYLER                                                                     
                  LIPSCHULTZ is not entitled to its patent claims 4 and 5 which correspond to Count 3;                                                    
                           FURTHER ORDERED that if there is a settlement agreement, the parties should note                                               
                  the requirements of 35 U.S.C. § 135(c) and 41 CFR § 1.205; and                                                                          
                           FURTHER ORDERED that a copy of this judgment be placed in the respective                                                       
                  involved application or patent of the parties.                                                                                          


                  April 11, 2005                                                                                                                          

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