RICHARDS et al. V. HARTLEY - Page 2




              cancelled all of its pending application claims and has presented new claims 76-86                           
              which do not interfere in fact with the remaining claims of the Richards patent.  While                      
              claims 76-86 shall be entered into Hartley’s 08/183,354 application, there has been no                       
              determination made that these claims are patentable to Hartley.  As we noted in our                          
              decision on the joint motion (Paper 21 at 12),                                                               
                            Our decision to allow Hartley to add new claims to its application                             
                     should not be construed as a determination that these new claims are                                  
                     patentable to Hartley.  For example, we note that certain of Hartley’s new                            
                     claims, e.g., claims 82 [footnote omitted] through 86, appear to be of                                
                     broader scope than the claims involved in the interferences.  These new                               
                     claims may be thoroughly examined upon the resumption of ex parte                                     
                     prosecution. It is appropriate to return the Hartley application.                                     

                     Upon consideration of the record and for reasons given, it is                                         
                     ORDERED that there is no interference-in-fact between claims 3-18 of Richards’                        
              involved patent 5,427,929 and claims 76-86 of Hartley’s involved application                                 
              08/183,354.                                                                                                  
                     FURTHER ORDERED that the Clerk is authorized to enter the Richards statutory                          
              disclaimer filed with the joint motion (Paper 19 at Joint Exhibit 8).                                        
                     FURTHER ORDERED that the Clerk is authorized to enter the Hartley                                     
              amendment filed May 24, 2005 (Paper 20).                                                                     
                     FURTHER ORDERED that Richards is not entitled to a patent containing claims                           
              1, 2, and 19-21 of patent 5,427,929.                                                                         
                     FURTHER ORDERED that Hartley is not entitled to a patent containing claims                            
              47-53, 56-72, 74 and 75 of application 08/183,354, filed January 19, 1994.                                   



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