Upon consideration of the DETWILER REQUEST FOR ENTRY OF
ADVERSE JUDGMENT1 (Paper 39), it is
ORDERED that judgment on priority as to Counts 1 and 2
(Paper 1, pages 5 and 6) is awarded against junior party PAUL O.
DETWILER, BARRY M. MERGENTHALER and HONG TANG.
FURTHER ORDERED that junior party PAUL O. DETWILER,
BARRY M. MERGENTHALER and HONG TANG is not entitled to a patent
containing claims (1) 11-20 and (2) 1-10, 21, 33-35
(corresponding to Counts 1 and 2 respectively) of U.S. Patent
5,684,289, granted 4 November 1997, based on application
08/550,150, filed 30 October 1995.
FURTHER ORDERED that a copy of this paper shall be made
of record in files of application 09/078,196 and U.S. Patent
5,684,289.
FURTHER ORDERED that if there is a settlement agreement,
attention is directed to 35 U.S.C. § 135(c) and 37 CFR § 1.666.
______________________________)
FRED E. McKELVEY, Senior )
Administrative Patent Judge )
)
)
______________________________) BOARD OF PATENT
CAROL A. SPIEGEL ) APPEALS AND
Administrative Patent Judge ) INTERFERENCES
)
1 In addition to requesting adverse judgment, and pursuant to 37 CFR §
1.321(a), Detwiler has disclaimed all of its involved claims 1-21 and 33-35
(Paper 39).
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