that judgment be entered against the senior party.” Paper 18, p. 2. No response has been received and
counsel has orally informed the board that no response would be filed. Accordingly, it is
ORDERED that judgment on priority as to the subject matter of Count 1 (Paper 1, p.34), is
awarded against the junior party, DAVID L. LEE and NIGEL BARNES;
FURTHER ORDERED that junior party, DAVID L. LEE and NIGEL BARNES, is not entitled
to a patent containing claims 1-24 (corresponding to Count 1) of Patent 5,863,865; and
FURTHER ORDERED that a copy of this judgment be made of record in Application 08/841,737
and the file history of Patent 5,863,865.
___________________________________ )
RICHARD E. SCHAFER )
Administrative Patent Judge )
)
__________________________________ ) BOARD OF PATENT
RICHARD TORCZON )
Administrative Patent Judge ) APPEALS AND
)
__________________________________ ) INTERFERENCES
SALLY GARDNER-LANE )
Administrative Patent Judge )
cc (by Fax and First Class Mail):
Counsel for Shy-Fuh Lee Fax: (336) 632-2012
William A. Teoli, Jr., Esq.
John T. Miller, Esq.
NOVARTIS CORPORATION
Patent and Trademark Department
564 Morris Avenue
Summit, NJ 07901-1027
Tel: (336) 632-7706
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