Interference No. 105,396
Jung v. Elings
On March 23, 2006, junior party Jung filed a paper (Paper 27) in which it conceded
priority of the subject matter of the count. In the same paper, junior party Jung requested entry of
adverse judgment with respect to all of its claims corresponding to the count, i.e., claims 17, 34,
36 and 37. Per 37 CFR § 41.127(b)(3), a concession of priority of the contested subject matter is
construed as a request for entry of adverse judgment with respect to that contested matter, i.e., the
subject matter of the count. Accordingly, it is
ORDERED that junior party Jung’s request for entry of adverse judgment with respect to
its involved claims 17, 34, 36 and 37 is dismissed as moot in light of its concession of priority
with respect to the subject matter of the count;
FURTHER ORDERED that the concession of priority is construed as a request for entry
of adverse judgment with respect to Count 1 and that the request is herein granted;
FURTHER ORDERED that judgment as to the subject matter of Count 1 is herein
entered against junior party PAN S. JUNG and DAPHNA R. YANIV;
FURTHER ORDERED that junior party PAN S. JUNG and DAPHNA R. YANIV is
not entitled to its patent claims 17, 34, 36 and 37 which correspond to Count 1;
FURTHER ORDERED that if there is a settlement agreement, the parties should note
the requirements of 35 U.S.C. § 135(c) and Bd. Rule 205; and
FURTHER ORDERED that a copy of this judgment be placed in the respective
involved application or patent of the parties.
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