PAUSCH et al. V. Fowlkes et al. - Page 2



         1                                   Judgment-Bd.R. 127                                                         
         2           Pausch requests adverse judgment. (Paper 25).                                                      
         3           Upon consideration of the record of the interference and for reasons given, it                     
         4    is                                                                                                        
         5                  ORDERED that judgment on priority as to Count 1, the sole count of                          
         6    the interference, is entered against junior party MARK HENRY PAUSCH,                                      
         7    BRADLEY ALTON OZENBERGER, JOHN RICHARD HADCOCK, LAURA                                                     
         8    ALICIA PRICE, EILEEN MARIE KAJKOWSKI, DONALD RICHARD                                                      
         9    KIRSCH, and DEBORAH TARDY CHALEFF;                                                                        
       10                   FURTHER ORDERED that junior party MARK HENRY PAUSCH,                                        
       11     BRADLEY ALTON OZENBERGER, JOHN RICHARD HADCOCK, LAURA                                                     
       12     ALICIA PRICE, EILEEN MARIE KAJKOWSKI,DONALD RICHARD KIRSCH,                                               
       13     and DEBORAH TARDY CHALEFF is not entitled to a patent containing claims                                   
       14     47-49, 56-61, and 88 of patent 6,406,871, which claims correspond to Count 1;                             
       15                   FURTHER ORDERED that, if there is a settlement agreement, the                               
       16     parties are directed to 35 USC §135(c) and Bd. R. 205; and                                                
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