Terranova et al. V. Gatto - Page 2



           1                ORDERDED that judgment on priority as to Count 1 (the sole                     
           2   count in the interference; Paper 33, page 3) is awarded against Junior Party                
           3   Gilbarco Inc. (inventors: Steven N. Terranova and John S. McSpadden).                       
           4                FURTHER ORDERED that Junior Party Gilbarco Inc.                                
           5   (inventors: Steven N. Terranova and John S. McSpadden) is not entitled to a                 
           6   patent containing claims 1-24 (corresponding to Count 1) of:                                
           7                              U.S. Patent 6,766,949                                            
           8                               issued 27 July 2004                                             
           9                                                                                               
          10                FURTHER ORDERED that Junior Party Gilbarco Inc.                                
          11   (inventors: Steven N. Terranova and John S. McSpadden) is not entitled to a                 
          12   patent containing claims 1-2, 4, 7, 15-17, and 26-29 (corresponding to Count                
          13   1) of:                                                                                      
          14                              U.S. Patent 6,789,733                                            
          15                            issued 14 September 2004                                           
          16                                                                                               
          17                FURTHER ORDERED that Junior Party Gilbarco Inc.                                
          18   (inventors: Steven N. Terranova and John S. McSpadden) is not entitled to a                 
          19   patent containing claims 1-2, 4, 6, 12-14, 23-26, and 28-33 (corresponding                  
          20   to Count 1) of:                                                                             
          21                              U.S. Patent 6,685,089                                            
          22                              issued 3 February 2004                                           
          23                                                                                               
          24                FURTHER ORDERED that if there is an additional settlement                      
          25   agreement, attention is directed to 35 U.S.C. § 135(c).                                     
          26                FURTHER ORDERED that a copy of this JUDGMENT shall                             
          27   be placed in the files of (1) U.S. Patent 6,766,949, (2) U.S. Patent 6,789,733,             
          28   (3) U.S. Patent 6,685,089 and (4) application 10/459,540.                                   


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