show cause why a judgment should not be entered against it. A response was not received to the order
to show cause. Support staff personnel of the Trial Section contacted counsel for Huang by telephone
and it was determined that Huang had not filed a response to the order to show cause. Upon
consideration of the record, it is
ORDERED that judgment on priority as to Count 1 (Notice Declaring Interference,
Paper No. 1, page 47), the sole count in the interference, is awarded against Junior Party Huang.
FURTHER ORDERED that Junior Party Huang is not entitled to a patent containing
claims 1-11 (corresponding to Count 1) of Huang, U.S. Patent No. 5,525,395.
FURTHER ORDERED that a copy of this paper shall be made of record in files of
Colson, Application 08/775,756 and Huang, U.S. Patent 5,525,395.
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 )
)
)
)
) BOARD OF PATENT
SALLY GARDNER-LANE ) APPEALS
Administrative Patent Judge ) AND
) INTERFERENCES
)
)
)
MICHAEL P. TIERNEY )
Administrative Patent Judge )
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