Dalton et al. V. Gallagher et al. - Page 2




         1    of this interference.                                                                                          
         2            Upon consideration of the Request for Adverse Judgment, it is hereby:                                  
         3            ORDERED that judgment on priority as to Count 2 (Paper 30, page 2) is awarded                          
         4    against senior party TIMOTHY JOSEPH DALTON, STEPHEN EDWARD GRECO, JEFFREY                                      
         5    CURTIS HEDRICK, SATYANARAYANA V. NITTA, SAMPATH PURUSHOTHAMAN,                                                 
         6    KENNETH PARKER RODBELL, and ROBERT ROSENBERG,                                                                  
         7            FURTHER ORDERED that senior party TIMOTHY JOSEPH DALTON, STEPHEN                                       
         8    EDWARD GRECO, JEFFREY CURTIS HEDRICK, SATYANARAYANA V. NITTA,                                                  
         9    SAMPATH PURUSHOTHAMAN, KENNETH PARKER RODBELL, and ROBERT                                                      
        10    ROSENBERG, is not entitled to a patent containing claims 26-32 and 34 (corresponding to                        
        11    Count 2) of patent 6,451,712 B2.                                                                               
        12            FURTHER ORDERED that a copy of this paper shall be made of record in files of                          
        13    application 10/394,342 and patent 6,451,712 B2.                                                                
        14            FURTHER ORDERED that, if there is a settlement agreement, the parties shall direct                     
        15    attention to 35 U.S.C. § 135(c) and 37 CFR § 41.205(a).                                                        
        16                           /Richard E. Schafer/         )                                                          
        17                          Administrative Patent Judge   )                                                          
        18                                                      )                                                          
        18                                                                                                                   
        19                                                       )                                                          
        20                           /Michael P. Tierney/              )  BOARD OF PATENT                                    
        21                          Administrative Patent Judge  )    APPEALS AND                                            
        22                                                        )  INTERFERENCES                                           
        23                                                        )                                                          
        24                           /James T. Moore/             )                                                          
        25                          Administrative Patent Judge   )                                                          
        26                                                                                                                   
        27                                                                                                                   
        28            cc (via electronic mail):                                                                              
        29                                                                                                                   
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