POWELL et al. V. Branstrom et al. - Page 2



     1              ORDERED that judgment on priority as to Count 1 and               
     2    Count 2, the only counts in the interference, is awarded                    
     3    against junior party ARTHUR A. BRANSTROM, DONATA R. SIZEMORE and            
     4    JERALD C. SADOFF.                                                           
     5              FURTHER ORDERED that junior party ARTHUR A. BRANSTROM,            
     6    DONATA R. SIZEMORE and JERALD C. SADOFF is not entitled to a                
     7    patent containing claims 45-52 (corresponding to Count 1) of                
     8    application 09/512,810.                                                     
     9              FURTHER ORDERED that junior party ARTHUR A. BRANSTROM,            
    10    DONATA R. SIZEMORE and JERALD C. SADOFF is not entitled to a                
    11    patent containing claims 53-59 (corresponding to Count 2) of                
    12    application 09/512,810.                                                     
    13              FURTHER ORDERED that a copy of this paper shall be made           
    14    of record in files of application 09/512,810 and U.S. Patent                
    15    5,877,159.                                                                  
    16              FURTHER ORDERED that if there is a settlement                     
    17    agreement, attention is directed to 35 U.S.C. § 135(c) and 37 CFR           
    18    § 1.661.                                                                    
    19                                                                                
    20    /ss/ Fred E. McKelvey         )                                             
    21    FRED E. McKELVEY, Senior      )                                             
    22    Administrative Patent Judge   )                                             
    23    )                                                                           
    24    )                                                                           
    25    /ss/ Sally C. Medley          )                                             
    26    SALLY C. MEDLEY               ) BOARD OF PATENT                             
    27    Administrative Patent Judge   )  APPEALS AND                                
    28    ) INTERFERENCES                                                             
    29    )                                                                           
    30    /ss/ James T. Moore           )                                             
    31    JAMES T. MOORE                )                                             
    32    Administrative Patent Judge   )                                             
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