1 ORDERED that judgment on priority as to Count 1 (the
2 sole count in the interference; Paper 1, page 6) is awarded
3 against junior party MICHAEL K. STERN and DANIELA SALVEMINI.
4 FURTHER ORDERED that junior party MICHAEL K. STERN and
5 DANIELA SALVEMINI is not entitled to a patent containing claims
6 23-33 (corresponding to Count 1) of reissue application
7 09/930,433, filed 15 August 2001.
8 FURTHER ORDERED that if there is a settlement agreement
9 in addition to that already submitted (Paper 37), attention is
10 directed to 35 U.S.C. § 135(c).
11 FURTHER ORDERED that a copy of this JUDGMENT shall
12 be placed in the files of (1) reissue application 09/930,433,
13 filed 15 August 2001, (2) U.S. Patent 6,245,758 B1 and
14 (3) U.S. Patent 6,103,714.
15 FURTHER ORDERED that the Clerk is directed to
16 distribute the files upon entry of this JUDGMENT.
17
18
19 /ss/ Fred E. McKelvey )
20 FRED E. McKELVEY, Senior )
21 Administrative Patent Judge )
22 )
23 )
24 /ss/ Richard E. Schafer )
25 RICHARD E. SCHAFER ) BOARD OF PATENT
26 Administrative Patent Judge ) APPEALS AND
27 ) INTERFERENCES
28 )
29 /ss/ James T. Moore )
30 JAMES T. MOORE )
31 Administrative Patent Judge )
32
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