UNITED STATES OF AMERICA
BEFORE FEDERAL TRADE COMMISSION

COMMISSIONERS:

Robert Pitofsky, Chairman

Sheila F. Anthony

Mozelle W. Thompson

Orson Swindle

Thomas B. Leary

In the Matter of

VISX, Incorporated, a Corporation

DOCKET No. 9286

ORDER REOPENING THE RECORD AND DISMISSING THE COMPLAINT

Complaint Counsel having moved for an Order dismissing the Complaint upon the issuance by the U.S. Patent and Trademark Office of a Reexamination Certificate of U.S. Patent No. 5,108,388; and

VISX, Incorporated having moved to reopen the record and admit into evidence additional exhibits;

IT IS ORDERED THAT the record in this matter is reopened; CX 539 is admitted into evidence; RX 1602 and RX 1603 are admitted into evidence; and oral argument in this matter is adjourned sine die; and

IT IS FURTHER ORDERED THAT -- because of the issuance by the U.S. Patent & Trademark Office of a Reexamination Certificate of U.S. Patent No. 5, 108,388 containing claims substantially identical to those set out in RX 1603 -- the Complaint in this matter be and it hereby is dismissed.

By the Commission.

Donald S. Clark
Secretary

ISSUED: February 7, 2001