NOTE: Pursuant to Fed. Cir. R. 47.6, this order

is not citable as precedent. It is a public order. United States Court of Appeals for the Federal Circuit

05-5025, -5029

PAYMASTER TECHNOLOGIES, INC.,

Plaintiff-Cross Appellant,

v.

UNITED STATES,

Defendant-Appellant.

ON PETITION FOR PANEL REHEARING Before MICHEL, Chief Judge, FRIEDMAN, Senior Circuit Judge, and DYK, Circuit Judge.

ORDER

A petition for panel rehearing was filed by the defendant-appellant, and a response thereto was invited by the court and filed by the plaintiff-cross appellant.

Upon consideration thereof,

IT IS ORDERED THAT:

The petition for rehearing is granted for the limited purpose of making the following changes to the original opinion entered on May 4, 2006, and reported at 2006 WL 1228851 (Fed. Cir. 2006):

Page 10, line 3 delete “five-part”

Page 10, line 5 delete “five-part”

Page 12, line 4 replace “one” with “any”

Page 12, line 5 replace “either” with “any”

Page 12, line 5 delete “two”.

The mandate of the court will issue on August 14, 2006.

FOR THE COURT _August 7, 2006__ _s/ Jan Horbaly____________ Date Jan Horbaly

Clerk cc: Paul L. Brown, Esq.

John J. Fargo, Esq. 05-5025, -5029 2