1 Upon consideration of the Request for Adverse Judgment, it is hereby:
2 ORDERED that judgment on priority as to Count 2 (Paper 46, pages 1-2)
3 is awarded against junior party Derk J. Bergsma and Masashi Yanagisawa.
4 FURTHER ORDERED that junior party Derk J. Bergsma and Masashi
5 Yanagisawa is not entitled to a patent containing claims 1 and 3 (corresponding
6 to Count 2) of patent 6,001,963.
7 FURTHER ORDERED that a copy of this paper shall be made of record in
8 files of application 09/735,138 and patent 6,001,963.
9 FURTHER ORDERED that as the parties have stated that there is a
10 settlement agreement, the parties shall direct attention to 35 U.S.C. § 135(c) and
11 37 CFR § 41.205(a).
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13 /Richard E. Schafer/ )
14 RICHARD E. SCHAFER )
15 Administrative Patent Judge )
16 )
17 /Sally C. Medley/ ) BOARD OF PATENT
18 SALLY C. MEDLEY ) APPEALS AND
19 Administrative Patent Judge ) INTERFERENCES
20 )
21 /James T. Moore/ )
22 JAMES T. MOORE )
23 Administrative Patent Judge )
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Last modified: November 3, 2007