Before SCHAFER, HANLON, and TIERNEY, Administrative Patent
Judges.
SCHAFER, Administrative Patent Judge.
Judgment - Merits - Bd.R. 127
1 In Paper 63 we granted Dow’s motion for priority. Accordingly it is
2 appropriate to enter judgment against Basell. It is
3 ORDERED that judgment on priority as to the subject matter of
4 Count 2 (Paper 50, pp. 2-3) is awarded against senior party, Basell
5 Polypropylen GMBH;
6 FURTHER ORDERED that Basell Polypropylen GMBH, is not
7 entitled to a patent containing claims 22, 24, 26-27, 48 and 49
8 (corresponding to Count 2) of Application 10/893,057;
9 FURTHER ORDERED that a copy of this judgment and the
10 decision on priority (Paper 63) be made of record in the files of Application
11 10/893,057 and Patent 6,465,384; and
12 FURTHER ORDERED that if there is any settlement agreement
13 which has not been filed, attention is directed to 35 U.S.C. ' 135(c) and 37
14 CFR ' 41.205.
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Last modified: September 9, 2013