KHAVARI et al. V. TANG et al. - Page 1





  Box INTERFERENCE Paper 65                                                                                                   
  WASHINGTON DC 20231                                                                                                         
  703-308-9797                                                                                                                
  703-305-0942 (fax) UNITED STATES PATENT AND TRADEMARK OFFICE                                                                
                         BEFORE THE BOARD OF PATENT APPEALS AND INTERFERENCES                                                 

                                                     PAUL KHAVARI                                                             
                                                    and HONGRAN FAN                                                           
                                                        (6,087,341),                                                          
                                                        Junior Party, SEP 1 -7 ır--)                                          
                                                                                                      I IL_                   
                                                                                                    & M Off*                  
                                                                                             BOWD 6ı pATıNT APPEALS           
                                                                                                A141)                         
                                                     DE-CHU TANG,                                                             
                             DONALD H. MARKS, DAVID T. CURIEL, and ZHONGKAI SHI                                               
                                                        (09/402,527),                                                         
                                                        Senior Party.                                                         

                                                  Interference No. 104,696                                                    

               Before SCHAFER, TORCZON, and NAGUMO, Administrative Patent Judizes.                                            
               TORCZON, Administrative Patent Judiz .                                                                         
                                                        JUDGMENT                                                              
                                             (PURSUANT TO 37 CFR § 1.662)                                                     
                                                     INTRODUCTION                                                             
                      Both parties have moved for judgment that there is no interference-in-fact. Khavari has                 
               contingently requested adverse judgment in the event of a decision that an interference-in-fact                
               exists and has indicated its willingness to have the patentability issues it has raised about Tang's           
               claims be considered in ex parte prosecution. Tang has a motion to change the count and five                   
               unpatentability motions. Tang would like its other motions decided.                                            












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