Upon consideration of Zhu’s REQUEST FOR ADVERSE JUDGMENT UNDER 37 C.F.R.
§ 1.662 AND REQUEST FOR RETURN OF PRELIMINARY STATEMENT BY PARTY ZHU ET
AL. (Paper 34), it is
ORDERED that judgment on priority as to Count 1, the sole count in the interference, is awarded
against the junior party ALEX ZHU and JACK GOLDSTEIN.
FURTHER ORDERED that, judgment on priority as to Count 1 is awarded in favor of senior
party JOHN M. IVY and DAVID E. CLEMENTS.
FURTHER ORDERED that junior party ALEX ZHU and JACK GOLDSTEIN is not entitled to
a patent containing claims 24-56 (corresponding to Count 1) of application 08/380,194, filed January 30,
1995.
FURTHER ORDERED that senior party JOHN M. IVY and DAVID E. CLEMENTS is entitled
to a patent containing claims 3-6, 13, 14 and 16 (corresponding to Count 1) of Application 08/113,890,
filed August 30, 1993.
FURTHER ORDERED that Zhu’s preliminary statement be returned unopened.
FURTHER ORDERED that a copy of this decision be made of record in application 08/380,194
and in application 08/113,890.
______________________________)
FRED E. McKELVEY )
Senior Administrative Patent Judge )
)
)
______________________________) BOARD OF PATENT
RICHARD E. SCHAFER ) APPEALS AND
Administrative Patent Judge ) INTERFERENCES
)
)
______________________________)
JAMESON LEE )
Administrative Patent Judge )
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