Interference No. 104,490
appropriate for us to render judgment in this proceeding.
In light of the cancellation of claims 1 through 11 of Chen
et al.'s involved patent by operation of 35 U.S.C. § 135(a),
judgment as to the subject matter of all counts 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
1 through 11 of their U.S. patent 5,254,580 involved in this
proceeding and designated as corresponding to Count 2 (claims 7
through 9), Count 3A (claims 10 and 11) and Count 4 (claims 1
through 6, 8 and 9).
Based on the request for entry of and agreement to adverse
judgment against them in Interference Number 104,491, and based
on the judgment issued by the Board on March 11, 2003, in
Interference Number 104,491, judgment as to the subject matter of
all counts in this interference, is entered against Jackson B.
Hester, Jr., Roy A. Johnson, Robert C. Kelly, Eldon G. Nidy and
Harvey I. Skulnick, the senior party. Jackson B. Hester, Jr., Roy
A. Johnson, Robert C. Kelly, Eldon G. Nidy and Harvey I.
Skulnick, the senior party, are not entitled to claims 2, 3, 7,
19, 20, 34 through 37, 39 through 42 and 44 through 47 of their
involved patent application Serial Number 08/454,210 designated
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