Interference No. 104,696 Paper 65
Khavari v. Tang Page 10
REMAINING MOTIONS
Khavari has indicated that it is no longer interested in pursuing the interference beyond
reconsideration of its motion for no interference-in-fact. Tang wants his other motions decided,
but Khavari's concession moots them. Since Tang is an applicant, the examiner may consider the
questions raised in Khavari's remaining motions during further prosecution.'
ORDER
Upon consideration of the parties'motion for judgment of no interference-in-fact,
Khavari's request for reconsideration, and the cited portions of the record of this interference, it
is:
ORDERED that Khavari's request for reconsideration of the denial of Khavari
preliminary motion I be GRANTED to the extent that the denial has been reconsidered, but
otherwise DENIED;
FURTHER ORDERED that Tang preliminary motion 7 be DENIED;
FURTHER ORDERED that the remaining motions of the parties be DENIED as moot;
FURTHER ORDERED that judgment on priority as to Count I is awarded against junior
party Khavari;
FURTHER ORDERED that Khavari is not entitled to a patent containing claims 1- 15 of
Khavari's 6,087,341 patent, which correspond to Count 1;
FURTHER ORDERED that the preliminary statements be returned unopened;
7 Since the proceeding halted before Khavari riled the exhibits supporting its unpatentability motions, Tang
may need to assist the examiner by providing copies of the relevant exhibits served on Tang.
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