paralegal in the Trial Section, confirmed by phone that
counsel did not plan to file a response. Accordingly, it is
ORDERED that judgment on priority as to Count 1, the
sole count in the interference, is awarded against junior
party SHAU-TARNG LEE.
FURTHER ORDERED that junior party SHAU-TARNG LEE is
not entitled to a patent containing claims 1-6 (corresponding
to Count 1) of U.S. Patent 5,667,728, granted 16 September
1997, based on application 08/739,704, filed 29 October 1996.
______________________________
FRED E. McKELVEY, Senior )
Administrative Patent Judge )
)
)
______________________________)
RICHARD E. SCHAFER ) BOARD OF PATENT
Administrative Patent Judge ) APPEALS AND
) INTERFERENCES
)
______________________________)
JAMESON LEE )
Administrative Patent Judge )
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