Khanna has filed Paper 86, entitled KHANNA ABANDONMENT OF
CONTEST. Under 37 CFR §41.127(b)(4), such a filing is considered a request
for adverse judgment.
Upon consideration of the papers filed in this interference, and Paper 86, it
is hereby:
ORDERED that judgment on priority as to Count 1 (Paper 1, page
5), the only count in the interference, is awarded against junior party ISH K.
KHANNA, RICHARD M. WEIER, and YI YU.
FURTHER ORDERED that junior party ISH K. KHANNA,
RICHARD M. WEIER, and YI YU is not entitled to a patent containing claims 1-4,
6-13, 15-22, and 24-31 (corresponding to Count 1) of Patent 5,935,990.
FURTHER ORDERED that a copy of this paper shall be made of
record in files of application 09/678,218 and patent 5,935,990.
FURTHER ORDERED that if there is a settlement agreement,
attention of the parties shall be directed to 35 U.S.C. § 135(c), 37 CFR § 1.661,
and 37 CFR §11.666.
February 23, 2005
Alexandria, VA
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