STAM et al. V. SCHOFIELD et al. - Page 2




        1               Accordingly, it is                                                                                               
        2               ORDERED that judgment on priority as to Count 1 (Paper 1 at 4) in the interference is                            
        3       awarded against junior party JOSEPH SCOTT STAM, JON HAROLD BECHTEL                                                       
                                               1                                                                                         
        4       and JOHN KING ROBERTS .                                                                                                  
        5               FURTHER ORDERED that judgment as to Stam claims 36-40 is awarded against                                         
        6       junior party JOSEPH SCOTT STAM, JON HAROLD BECHTEL and JOHN KING ROBERTS                                                 
        7               FURTHER ORDERED that junior party JOSEPH SCOTT STAM, JON HAROLD                                                  
        8       BECHTEL and JOHN KING ROBERTS is not entitled to a patent containing claims 36-40                                        
        9       (corresponding to Count 1) of U.S. patent 5,837,994.                                                                     
      10                FURTHER ORDERED that judgment on priority as to Count 2 (Paper 1 at 5) in the                                    
      11        interference is awarded against junior party JOSEPH SCOTT STAM, JON HAROLD                                               
      12        BECHTEL and JOHN KING ROBERTS.                                                                                           
      13                FURTHER ORDERED that junior party JOSEPH SCOTT STAM, JON HAROLD                                                  
      14        BECHTEL and JOHN KING ROBERTS is not entitled to a patent containing claims 44-49                                        
      15        (corresponding to Count 2) of patent 5,837,994.                                                                          
      16                FURTHER ORDERED that judgment as to Count 3 (Paper 1 at 5) in the interference is                                
      17        awarded against senior party KENNETH SCHOFIELD, MARK L. LARSON and KEITH J.                                              
      18        VADAS.                                                                                                                   




                The examiner of application 11/301,472 is directed to In re Deckler, 977 F.2d 1449, 24 USPQ2d1                                                                                                                       
                1448 (Fed. Cir. 1992) regarding the patentability of claims presented that are identical to claims                       
                36-40 of the Stam 5,837,994 patent.                                                                                      

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