Thomeer et al. V. Snider et al. - Page 2




                            Upon expiration of the due date for a response to the OC, counsel for Snider informed                                                 
                   board personnel that Snider would not respond to the OC.                                                                                       
                            Accordingly, it is                                                                                                                    
                            ORDERED that judgment on priority as to Count 1 (Paper 1 at 4) in the interference is                                                 
                   awarded against junior party HUBERTUS V. THOMEER and SARMAD ADNAN.                                                                             
                            FURTHER ORDERED that junior party HUBERTUS V. THOMEER and SARMAD                                                                      
                   ADNAN is not entitled to a patent containing claims 1-14 (corresponding to Count 1) of U.S.                                                    
                   patent 6,333,700.                                                                                                                              
                            FURTHER ORDERED that a copy of this paper shall be made of record in the files of                                                     
                   application 09/586,648 and U.S. Patent 6,333,700.                                                                                              
                            FURTHER ORDERED that if there is a settlement agreement, attention is directed to                                                     
                   35 U.S.C. § 135(c) and Bd.R. 205.                                                                                                              


                                               /Jameson Lee/                                   )                                                                  
                                               JAMESON LEE                                    )                                                                  
                                               Administrative Patent Judge                     )                                                                  
                                                                                               )                                                                  
                                                                                               )                                                                  
                                               /Sally G. Lane/                   ___           )BOARD OF PATENT                                                   
                                               SALLY G. LANE                                  )  APPEALS AND                                                     
                                               Administrative Patent Judge                     ) INTERFERENCES                                                    
                                                                                               )                                                                  
                                                                                               )                                                                  
                                               /Sally C. Medley/                               )                                                                  
                                               SALLY C. MEDLEY                                 )                                                                  
                                               Administrative Patent Judge                     )                                                                  





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