ORDERED that judgment on priority as to Count 1, the sole count
of the interference, is awarded against junior party MICHEL H. KLEIN,
HEATHER A BOUX, STEPHEN A. COCKLE, SHEENA M. LOOSMORE, and
GAVIN R. ZEALEY;
FURTHER ORDERED that junior party MICHEL H. KLEIN,
HEATHER A BOUX, STEPHEN A. COCKLE, SHEENA M. LOOSMORE, and
GAVIN R. ZEALEY is not entitled to a patent containing claims 1, 2, 5-7, and
12-15 of patent 5,085,862, which claims correspond to Count 1, the sole count of
the interference;
FURTHER ORDERED that, if there is a settlement agreement, the
parties are directed to 35 U.S.C. 135(c) and Bd. R. 205; and
FURTHER ORDERED that a copy of this judgment shall be entered
into the administrative records of Klein’s 5,085,862 patent and Pizza’s
08/261,692 application.
)
/ss/ Richard Torczon )
RICHARD TORCZON )
Administrative Patent Judge )
)
) BOARD OF PATENT
/ss/ Sally Gardner Lane ) APPEALS AND
SALLY GARDNER LANE ) INTERFERENCES
Administrative Patent Judge )
)
)
/ss/ James T. Moore )
JAMES T. MOORE )
Administrative Patent Judge )
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Last modified: November 3, 2007