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. -3-Page: Previous 1 2 3 4 NextLast modified: November 3, 2007