§ 102(e) as being anticipated by Jensen 1956.
our decision on preliminary motions (Paper 97) is now final
as modified by our decision herein.
Wang, in its preliminary statement, has failed to allege a
date prior to Green's 21 January 1992 effective filing date. The
earliest date alleged by Wang, its date of conception, is 21
April 1992. Thus, it is appropriate to enter judgment against
the junior party Wang. See 37 CFR § 1.640(d)(3).
Accordingly, it is
ORDERED that judgment as to Count 2 (Paper 98 at 2), the
sole count in the interference, is awarded against junior party
YULUN WANG, DARRIN R. UECKER, CHARLES S. JORDAN, JAMES W. WRIGHT,
KEITH PHILLIP LABY, and JEFF D. WILSON;
FURTHER ORDERED that junior party YULUN WANG, DARRIN R.
UECKER, CHARLES S. JORDAN, JAMES W. WRIGHT, KEITH PHILLIP LABY,
and JEFF D. WILSON is not entitled to a patent containing claims
1-15 (corresponding to Count 2) of U.S. Patent 5,855,583;
FURTHER ORDERED that a copy of this paper shall be made of
record in the files of application 08/709,930, and U.S. Patent
5,855,583;
14
Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: November 3, 2007