Upon consideration of the record it is
ORDERED that judgment on priority as to Count 1 of interference 105,311
(Paper 1 at 5) is awarded against junior party DAVID B. KIRBY and NIHAT O. CUR.
FURTHER ORDERED that judgment on priority as to Count 1 of interference
105,312 (Paper 1 at 5) is awarded against junior party DAVID B. KIRBY and NIHAT O. CUR.
FURTHER ORDERED that junior party DAVID B. KIRBY and NIHAT O.
CUR is not entitled to a patent containing claims 1, 4-8, 11 and 12 (corresponding to Count 1 of
interference 105,311) of U.S. Patent 5,532,034.
FURTHER ORDERED that junior party DAVID B. KIRBY and NIHAT O.
CUR is not entitled to a patent containing claims 1 and 2 (corresponding to Count 1 of
interference 105,312) of U.S. Patent 5,505,810.
FURTHER ORDERED that a copy of this paper shall be made of record in files
of application 08/675,969, U.S. Patent 5,532,034, and U.S. Patent 5,505,810.
FURTHER ORDERED that if there is a settlement agreement, attention is
directed to 35 U.S.C. § 135(c) and Bd.R. 205.
FURTHER ORDERED that if Kirby files a request for rehearing under Bd.R.
127, Kirby must simultaneously file those papers specified above.
FURTHER ORDERED that Boffito may, within five days of the date of a
request for rehearing filed by Kirby, file a response.
FURTHER ORDERED that any response filed by Boffito must be accompanied
by the papers specified above.
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