CHEN et al. v BOUCHARD et al. - Page 130



          Interference No. 103,675                                                      

    interference. Accordingly, pursuant to our authority under 37 C.F.R. §              
    1.658(a) and in view of our holding that Chen et al. failed to meet                 
    their burden of persuasion, we enter the following judgment.                        
              Judgment as to the subject matter of Count 2 in this                      
    interference, is entered against Shu-Hui Chen and Vittorio Farina, the              
    junior party. Shu-Hui Chen and Vittorio Farina, the junior party, are               
    not entitled to their patent containing claims 7 through 9 of their                 
    U.S. patent 5,254,580 involved in this proceeding and designated as                 
    corresponding to Count 2.                                                           
              Judgment as to the subject matter of Count 2 in this                      
    interference, is awarded to Hervé Bouchard, Jean-Dominque Bourzat and               
    Alain Commerçon, the senior party. Hervé Bouchard, Jean-Dominque                    
    Bourzat and Alain Commerçon, the senior party, are entitled to claim                
    142 of their involved patent application Serial Number 08/162,984                   
    designated as corresponding to Count 2.                                             

              Judgment as to the subject matter of Count 3A in this                     
    interference, is entered against Shu-Hui Chen and Vittorio Farina, the              
    junior party. Shu-Hui Chen and Vittorio Farina, the junior party, are               
    not entitled to their patent containing claims 10 and 11 of their U.S.              
    patent 5,254,580 involved in this proceeding and designated as                      
    corresponding to Count 3A.                                                          
                                       130                                              


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