2.
Upon consideration of the fact that Wojciak has not timely
served its evidence on the issue of priority, and has indicated
that it will not serve any evidence on priority, it is
ORDERED that judgment on priority as to Count 2, the
sole count in the interference, is awarded against junior
party Stan Wojciak.
FURTHER ORDERED that junior party Stan Wojciak is not
entitled to a patent containing claims 1-3 and 5-20
(corresponding to Count 2) of U.S. Patent 5,922,783, granted
13 July 1999, based on application 08/805,193, filed 27 February
1997.
FURTHER ORDERED that a copy of this paper shall be made
of record in files of Nishiyama application 08/730,025 and U.S.
Patent 5,922,783.
FURTHER ORDERED that if there is a settlement
agreement, attention is directed to 35 U.S.C. § 135(c) and 37 CFR
§ 1.661.
______________________________
FRED E. McKELVEY, Senior )
Administrative Patent Judge )
)
)
______________________________)
RICHARD E. SCHAFER ) BOARD OF PATENT
Administrative Patent Judge ) APPEALS AND
) INTERFERENCES
)
______________________________)
SALLY C. MEDLEY )
Administrative Patent Judge )
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