express lack of commercial interest, we will exercise discretion
to grant the O'Young request and enter a judgment against
O'Young. If upon consideration of the discussion in this
opinion, O'Young is of the view that an adverse judgment should
not have been entered, O'Young may timely file a request for
reconsideration within one (1) month of the date of this FINAL
DECISION asking for entry of an order vacating this FINAL
DECISION and for the interference to proceed in the normal
manner. 37 CFR § 1.658(b).
Powers maintains that a final decision in an interference
"is entitled to issue preclusion effect" before the Federal
courts. We express no views on the preclusive effect of our
judgment in this interference in future proceedings before a
Federal court. Our sole concern is with respect to possible
future proceedings before the USPTO.
c. Order
Upon consideration of the record, and for the reasons given,
it is
ORDERED that judgment on priority as to Count 1, the
sole count in the interference, is entered with prejudice
against junior party CHI-LIN O'YOUNG, REGIS J. PELLET, ALISON E.
HADOWANETZ, JOHN HAZEN and JAMES E. BROWNE.
FURTHER ORDERED that junior party CHI-LIN O'YOUNG,
REGIS J. PELLET, ALISON E. HADOWANETZ, JOHN HAZEN and JAMES E.
BROWNE is not entitled to a patent containing claims 1-8
- 5 -
Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: November 3, 2007