DUMOUTIER et al. V. Jacobs et al. - Page 2




          1        Judgment).                                                                                                                                            
          2                  It is:                                                                                                                                      
          3                  ORDERED that judgment on priority as to Count 1, the sole count in interference, is                                                         
          4        awarded against Junior Party Dumoutier.                                                                                                               
          5                  FURTHER ORDERED that Junior Party Dumoutier is not entitled to a patent                                                                     
          6        containing claims 1, 3-8, 16, 18, and 22 of U.S. Patent No. 6,331,613, all of which correspond to                                                     
          7        Count 1.                                                                                                                                              
          8                  FURTHER ORDERED that a copy of this paper shall be made of record in the files of                                                           
          9        U.S. Application No. 09/561,811 and U.S. Patent No. 6,331,613.                                                                                        
        10                   FURTHER ORDERED that should there be a settlement agreement, the parties                                                                    
        11         attention is directed to 35 U.S.C. §135(c) and 37 Bd. R. 205.                                                                                         
        12                                                                                                                                                               
        13                                                 /s/     Richard Torczon            )                                                                          
        14                                                 RICHARD TORCZON                         )                                                                     
        15                                                 Administrative Patent Judge )                                                                                 
        16                                                                                         )                                                                     
        17                                                                                         )                                                                     
        18                                                                                         )                                                                     
        19                                                 /s/   Michael P. Tierney           )   BOARD OF PATENT                                                        
        20                                                 MICHAEL P. TIERNEY                      )            APPEALS                                                  
        21                                                 Administrative Patent Judge )                AND                                                              
        22                                                                                         )     INTERFERENCES                                                   
        23                                                                                         )                                                                     
        24                                                                                         )                                                                     
        25                                                 /s/    James T. Moore              )                                                                          
        26                                                 JAMES T. MOORE               )                                                                                
        27                                                 Administrative Patent Judge )                                                                                 
        28                                                                                                                                                               




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