Upon consideration of the fact that the junior party has
failed to timely file a preliminary statement as required by
the MEMORANDUM OPINION AND ORDER entered 15 December 1998, it
is
ORDERED that judgment on priority as to Count 1, the
sole count in the interference, is awarded against junior
party JOHN A. HAMILTON and PRUDENCE H. HARI.
FURTHER ORDERED that judgment on priority as to
Count 1 is awarded in favor of senior party FRANK LEE, TAKASHI
YOKOTA, KEN-ICHI ARAI, TIMOTHY MOSMANN and DONNA RENNICK.
FURTHER ORDERED that, on the record before the Board
of Patent Appeals and Interferences, senior party FRANK LEE,
TAKASHI YOKOTA, KEN-ICHI ARAI, TIMOTHY MOSMANN and DONNA
RENNICK is entitled to a patent containing claims 29, 31-34,
37-39 and 42 (corresponding to Count 1) of application
08/466,543, filed 6 June 1995.
FURTHER ORDERED that junior party JOHN A. HAMILTON
and PRUDENCE H. HARI is not entitled to a patent containing
claims 1-6 (corresponding to Count 1) of U.S. Patent
5,236,705, granted August 17, 1993, based on application
07/720,868, filed 18 September 1991.
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