Gierbolini et al. V. Mooney - Page 2



         1           ORDERED that judgment on priority as to Count 1 (Paper 1 at 4) in the                                  
         2    interference is awarded against senior party JOSEPH E. MOONEY.                                                
         3           FURTHER ORDERED that senior party JOSEPH E. MOONEY is not                                              
         4    entitled to a patent containing claims 36-41 and 43-49 (corresponding to Count 1)                             
         5    of application 10/835,366.                                                                                    
         6           FURTHER ORDERED that a copy of this paper shall be made of record in                                   
         7    the files of application 10/835,366 and U.S. Patent 6,557,570.                                                
         8           FURTHER ORDERED that the Express Abandonment be entered into the                                       
         9    record of 10/835,366; and                                                                                     
        10           FURTHER ORDERED that if there is a settlement agreement, attention is                                  
        11    directed to 35 U.S.C. ' 135(c) and Bd.R. 205.                                                                 
        12                                                                                                                  
                                    /Jameson Lee/                             )                                             
                                    JAMESON LEE                         )                                                   
                                    Administrative Patent Judge         )                                                   
                                                                        )                                                   
                                                                        )                                                   
                                    /Sally C. Medley/                       )BOARD OF PATENT                                
                                    SALLY C. MEDLEY                     )  APPEALS AND                                      
                                    Administrative Patent Judge ) INTERFERENCES                                             
                                                                        )                                                   
                                                                        )                                                   
                                    /Michael P. Tierney/                   )                                                
                                    MICHAEL P. TIERNEY                  )                                                   
                                    Administrative Patent Judge         )                                                   






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