Before: SCHAFER, LEE and SPIEGEL, Administrative Patent Judges.
SCHAFER, Administrative Patent Judge.
Each party has filed a contingent request for adverse judgment. All stated contingencies have
been met. Litvak requests entry of adverse judgment as to the subject matter of Count 2. Paper 54.
1
Tang requests entry of judgment as to the subject matter of Count 3. Paper 59. The requests are
granted.
,
ORDERED that judgment on priority as to the subject matter of Count 2 (Paper 61, p. 2) is
awarded against the party, HERBERT E. LITVAK;
FURTHER ORDERED that the party, HERBERT E. LITVAK, is not entitled to a patent
containing claims 5-7, 8(5), 8(6) 9(5), 9(6), 13 and 19 (corresponding to Count 2) of Patent
5,499,733;
FURTHER ORDERED that judgment on priority as to the subject matter of Count 3 (Paper
61, p. 3) is awarded against the party, WALLACE T. Y. TANG;
FURTHER ORDERED that the party, WALLACE T. Y. TANG, is not entitled to a patent
containing claims 55-58, 64, 67, 71(64), 73, 75, 77-81, 83, 84 and 86 (corresponding to Count 3) of
Application 07/996,817;
FURTHER ORDERED that a copy of this judgment be made of record in Application
07/996,817 and Patent 5,499,733; and
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Last modified: November 3, 2007