1 Company is not entitled to a patent containing claims 59-62 of
2 application 10/105,488, filed 25 March 2002.
3 FURTHER ORDERED that, in view of the prior art cited in
4 the Board's order entered 22 February 2006 (Paper 56), senior
5 party WALTER LEE EDWARDS, ROBERT JOSEPH SCHIAVONE and Wellman,
6 Inc. is not entitled to a patent containing claims 1-4 and 9-10
7 of U.S. Patent 6,500,890, issued 31 December 2002.
8 FURTHER ORDERED that the count (Count 2--Paper 31,
9 page 3) does not become prior art under 35 U.S.C. § 102(g) as to
10 either party inasmuch as there has been no priority determination
11 in this interference.
12 FURTHER ORDERED that each party, at its option, may
13 undertake further ex parte prosecution for the purpose of
14 attempting to obtain claims patentable over the prior art,
15 including the prior art cited in the Board's order entered
16 22 February 2006 (Paper 56).
17 FURTHER ORDERED that a copy of this paper shall be
18 made of record in files of application 10/105,488 and U.S.
19 Patent 6,500,890.
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