During the conference call, counsel for Hu orally conceded priority as to the subject matter
of the count and requested entry of adverse judgment. The parties also requested that execution of
the judgment be held in abeyance for 30 days to allow the parties time to file settlement papers.
Both requests are granted.
Accordingly, it is
ORDERED that judgment on priority as to the subject matter of Count I (Paper 1, p. 5), is
awarded against the junior party, NAN-XING HU, PAUL F. SMITH and BENG S. ONG,
FURTHER ORDERED thatjunior party, NAN-XING HU, PAUL F. SMITH and BENG S.
ONG, is not entitled to a patent containing claims 10- 11 (corresponding to Count 1) of Patent
5,944,650;
FURTHER ORDERED that execution of the judgment in this interference be held in
abeyance for 30 days from the date of this judgment;
FURTHER ORDERED that a copy of this judgment be made of record in Application
09/489,831 and in the file of Patent 5,944,650.
49A V __ _.&ý
RICHARD E. SCHAFER
Administrative Patent Judg
BOARD OF PATENT
ESON LEE APPEALS AND
idinistrative Patent Judge INTERFERENCES
7e2i
HARD TORCZO
Administrative Patent Ju
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