respect to the count of the interference.
The filing by a party of a concession of priority of the
subject matter of a count will be treated as a request for
entry of an adverse judgment against the party as to all the
party's claims that correspond to the count. 37 CFR
§1.662(a).
Upon consideration of the record of the interference, it
is
ORDERED that judgment on priority as to Count 1, the
sole count in the interference, is awarded against junior
party
RICHARD WILLIAM COMPANS and QIZHI YAO;
FURTHER ORDERED that junior party, RICHARD WILLIAM
COMPANS and QIZHI YAO, is not entitled to a patent containing
claim 4 of patent 5,969,094, which corresponds to Count 1;
FURTHER ORDERED that, if there is a settlement
agreement between the parties, the parties are directed to
35 USC §135(c);
FURTHER ORDERED that a copy of this decision be
given a paper number and be entered in the administrative
records of Compan's 08/651,420 application and Barney's
08/474,349 application.
______________________________
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Last modified: November 3, 2007