Interference No. 105,055 Paper48
Wang v. Murakawa Page 3
Termination of the interference at this point without an ORDER TO SHOW
CAUSE ("O.C.") is consistent with securing "the just, speedy, and inexpensive
determination" of the interference by avoiding needlessly subjecting the parties to
redundant and unnecessary expenditures of time, effort and money. 37 CFR § 1.601.
The threshold § 135(b) issue has been fairly presented and fully briefed and decided by
a three judge panel. Murakawa has been provided the opportunity to cure its § 135(b)
problem. Murakawa Preliminary Motion 1 has also been fairly present, fully briefed and
decided by a three judge panel. Hence, an O.C. would provide on process or relief that
has not already been provided. Finally, attention is directed to 37 CFR § 1.658(b).
Accordingly, it is
ORDERED that judgment on priority as to Counts 1 and 2 (Paper 1, p. 5) is
awarded against senior party GEORGE J. MURAKAWA, R. BRUCE WALLACE, JOHN
A. ZAIA and JOHN J. ROSSI.
FURTHER ORDERED that senior party GEORGE J. MURAKAWA, R. BRUCE
WALLACE, JOHN A. ZAIA and JOHN J. ROSSI is not entitled to a patent containing
(i) claims 34-35, 38-39, 42-44 and 46-47 (corresponding to Count 1), and
(ii) claim 45 (corresponding to Count 2)
of application 07/402,450, filed September 1, 1989.
FURTHER ORDERED that a copy of this paper shall be made of record in the
files of U.S. Patents 5,219,727 and 5,476,774 and of application 07/402,450.
FURTHER ORDERED that a copy of the decisions on motions filed November 5,
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