Interference No. 105,141
Elsener v. Shin
On July 15, 2004, a response to the show cause order of June 15, 2004, was filed, in
which the common assignee Applera Corporation elects the junior party Elsener as being entitled
to priority as to the subject matter of the count. Accordingly, it is
ORDERED that judgment as to the subject matter of the sole count, Count 1, is hereby
entered against senior party HON STU SHIN, JEW KWEE NGUI, ADRIAN FAWCETT,
KENNETH P. CHAO, GARY L. BORDENKIRCHER, JESSICA BARZILAI and DONALD
R. SANDELL;
FURTHER ORDERED that senior party HON SIU SHIN, JEW KWEE NGUI,
ADRIAN FAWCETT, KENNETH P. CHAO, GARY L. BORDENKIRCHER, JESSICA
BARZILAI and DONALD R SANDELL is not entitled to claims 1, 2, 4, 6-8, 10, 18-23 and 40
42 of its involved application09/496,408;
FURTHER ORDERED that if there is a settlement agreement, the parties should note
the requirements of 35 U.S.C. § 135(c) and 37 CFR § 1.666; and
FURTHER ORDERED that a copy of this judgment be filed in the respective involved
application or patent of the parties.
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