BAI et al v. LAIKO et al - Page 63

                Interference No. 104,745                                                                                                      

                CZE, id. at ¶ 66; conducting additional unsuccessful tests on 12 March,  id. at ¶ 67;  and making                             
                modifications to the lens support on 13 March.  Id. at ¶ 68.                                                                  


                         In view of Laiko's failure to demonstrate reasonable diligence throughout the entire                                 
                critical period, judgment on the issue of priority is being entered in favor of junior party Jian Bai,                        
                Steven Fischer, and J. Michael Flanagan and against senior party Victor V. Laiko34 in a separate                              
                paper mailed herewith entitled "JUDGMENT UNDER 37 CFR 1.658."                                                                 




                                         JOHN C. MARTIN          )                                                                            
                                         Administrative Patent Judge )                                                                        
                                                                          )                                                                  
                                                                          )                                                                  
                                                                          )                                                                  
                                         JAMESON LEE                       )   BOARD OF PATENT                                                
                                 Administrative Patent Judge )       APPEALS AND                                                              
                                 )    INTERFERENCES                                                                                           
                                 )                                                                                                            
                                                                          )                                                                  
                                        SALLY C. MEDLEY          )                                                                           
                                 Administrative Patent Judge )                                                                                







                34  As noted supra, the caption of the judgment paper reflects the redeclaration of the                                       
                interference to delete Dr. Burlingame as an inventor, thereby leaving Dr. Laiko as the sole                                   
                inventor.                                                                                                                     
                                                                   - 63 -                                                                     





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