HITOMI et al. V. NI et al. - Page 2

           1         ORDERED that judgment on priority as to the subject matter of                     
           2   Count 2 (Paper 55, p. 2) is awarded against Advanced Life Science Institute,            
           3   Inc.;                                                                                   
           4         FURTHER ORDERED that Advanced Life Science Institute, Inc. is                     
           5   not entitled to a patent containing claims 1-11 (corresponding to Count 2) of           
           6   Patent 5,976,832;                                                                       
           7         FURTHER ORDERED that a copy of this judgment be made of                           
           8   record in the file of Patent 5,976,832, and Application 08/761,289; and                 
           9         FURTHER ORDERED that if there is any settlement agreement                         
          10   which has not been filed, attention is directed to 35 U.S.C. ' 135(c) and               
          11   37 CFR ' 41.205.                                                                        


                           /Richard E. Schafer/                    )                                   
                           RICHARD E. SCHAFER                  )                                       
                           Administrative Patent Judge         )                                       
                                                               )                                       
                                                               )                                       
                           /Sally C. Medley/                        )  BOARD OF PATENT                 
                           SALLY C. MEDLEY                     )      APPEALS AND                      
                           Administrative Patent Judge         )   INTERFERENCES                       
                                                               )                                       
                                                               )                                       
                           /James T. Moore/                       )                                    
                           JAMES T. MOORE                      )                                       
                           Administrative Patent Judge         )                                       








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