Ex Parte OH - Page 2




                            Upon consideration of the Request for Adverse Judgment, it is hereby:                                                                 
                                                                                                                                      1                           
                                      ORDERED that judgment on priority as to Count 1 (Paper 1, page 4)  is                                                       
                   awarded against Junior party Howard Martin.                                                                                                    
                                      FURTHER ORDERED that Junior party Howard Martin is not entitled to a                                                        
                   patent containing claims 1-7 (corresponding to Count 1) of patent 6,264,471.                                                                   
                                      FURTHER ORDERED that a copy of this paper shall be made of record in                                                        
                   files of application 09/294,073 and patent 6,264,471.                                                                                          
                                      FURTHER ORDERED that the parties shall direct attention to 35 U.S.C.                                                        
                   § 135(c) and 37 CFR § 41.205(a) [see former rules 37 CFR  §1.661 and §1.666]                                                                   
                   regarding the filing of settlement agreements.                                                                                                 




                                      /Jameson Lee/                                  )                                                                            
                                      CAROL A. SPIEGEL                               )                                                                            
                                      Administrative Patent Judge                    )                                                                            
                                                                                     )                                                                            
                                                                                     )                                                                            
                                      /Richard Torczon/                              )  BOARD OF PATENT                                                           
                                      RICHARD TORCZON                                )    APPEALS AND                                                             
                                      Administrative Patent Judge                    )  INTERFERENCES                                                             
                                                                                     )                                                                            
                                      /James T. Moore/                               )                                                                            
                                      JAMES T. MOORE                                 )                                                                            
                                      Administrative Patent Judge     )                                                                                           
                                                                                                                                                                  





                   Count 1 is Claim 7 of Application 09/294,073 or claim 4 of Patent 6,264,471.1                                                                                                                                             
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