Flaugher et al. V. Biondo et al. - Page 2




         1                  Accordingly, it is                                                                                                                    
         2                  ORDERED that judgment on priority as to Count 1 (Paper 1 at 3), the sole count in the                                                 
         3         interference is awarded against senior party JEFF FLAUGHER, ROBERT CREED,                                                                      
         4         and ROBERT WALTHER.                                                                                                                            
         5                  FURTHER ORDERED that senior party JEFF FLAUGHER, ROBERT CREED,                                                                        
         6         and ROBERT WALTHER is not entitled to a patent containing claims 27 and 29-44                                                                  
         7         (corresponding to Count 1) of application 09/651,015.                                                                                          
         8                  FURTHER ORDERED that a copy of this paper shall be made of record in files of                                                         
         9         application 09/651,015 and U.S. Patent 6,279,983.                                                                                              
        10                  FURTHER ORDERED that if there is a settlement agreement, attention is directed to 35                                                  
        11         U.S.C. § 135(c) and Bd.R. 205.                                                                                                                 
        12                                                                                                                                                        
        13                                     /Richard E. Schafer/                           )                                                                   
        14                                     RICHARD E. SCHAFER                              )                                                                  
        15                                     Administrative Patent Judge                     )                                                                  
        16                                                                                     )                                                                  
        17                                                                                     )                                                                  
        18                                     /Sally C. Medley/                               )BOARD OF PATENT                                                   
        19                                     SALLY C. MEDLEY                                 )  APPEALS AND                                                     
        20                                     Administrative Patent Judge                     ) INTERFERENCES                                                    
        21                                                                                     )                                                                  
        22                                                                                     )                                                                  
        23                                     /James T. Moore/                                )                                                                  
        24                                     JAMES T. MOORE                                  )                                                                  
        25                                     Administrative Patent Judge                     )                                                                  
        26                                                                                                                                                        
        27                                                                                                                                                        




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