Collins et al. V. Acosta et al. - Page 2




                           Accordingly, it is                                                                                                                
                           ORDERED that judgment on priority as to Count 1 (Paper 1 at 4), the sole count in the                                             
                  interference is awarded against the party DONALD A. COLLINS, JR., DANIEL B. SEEVERS,                                                       
                  WAYNE L. ORWIG, and SCOTT B. HENRY.                                                                                                        
                           FURTHER ORDERED that party DONALD A. COLLINS, JR., DANIEL B.                                                                      
                  SEEVERS, WAYNE L. ORWIG, and SCOTT B. HENRY is not entitled to a patent containing                                                         
                  claims 1-17 (corresponding to Count 1) of U.S. patent 6,854,647.                                                                           
                           FURTHER ORDERED that a copy of this paper shall be made of record in files of                                                     
                  application 10/825,444 and U.S. Patent 6,854,647.                                                                                          
                           FURTHER ORDERED that if there is a settlement agreement, attention is directed to 35                                              
                  U.S.C. § 135(c) and Bd.R. 205.                                                                                                             


                                              /Sally C. Medley/                             )                                                                
                                              SALLY C. MEDLEY                               )                                                                
                                              Administrative Patent Judge                   )                                                                
                                                                                            )                                                                
                                                                                            )                                                                
                                              /Michael P. Tierney/                          )BOARD OF PATENT                                                 
                                              MICHAEL P. TIERNEY                            )  APPEALS AND                                                   
                                              Administrative Patent Judge                   ) INTERFERENCES                                                  
                                                                                            )                                                                
                                                                                            )                                                                
                                              /James T. Moore/                              )                                                                
                                              JAMES T. MOORE                                )                                                                
                                              Administrative Patent Judge                   )                                                                






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