HART vs. RAMAKRISHNAN et al - Page 2




                may be entered against a junior party that fails to timely file a brief on priority. 37 CFR                              
                § 1.656(i).  At any rate, we treat Hart's statements during the conference call as a request for                         
                adverse judgment under 37 CFR § 1.662(a).                                                                                
                        Upon consideration of the record of the interference and for reasons given, it is                                
                                ORDERED that judgment on priority is awarded against junior party CHARLES                                
                E. HART, RICHARD D. KENAGY, and ALEXANDER CLOWES;                                                                        
                                FURTHER ORDERED that junior party CHARLES E. HART, RICHARD D.                                            
                KENAGY, and ALEXANDER CLOWES is not entitled to a patent containing claims 1-19 of its                                   
                patent 5,620,687, which claims correspond to count 1, the sole count of the interference;                                
                                FURTHER ORDERED that a copy of this judgment be entered into the                                         
                administrative records of Hart's 5,620,687 patent and Ramakrishnan's 09/003,810 application;                             
                and                                                                                                                      
                                FURTHER ORDERED that if there is a settlement agreement, the parties are                                 
                directed to 35 USC § 135(b) and 37 CFR § 1.666(a).                                                                       
                                        ______________________________ )                                                                 
                                        SALLY GARDNER LANE                              )                                                
                                        Administrative Patent Judge                     )                                                
                                                                                        )                                                
                                                                                        )                                                
                                        ______________________________ ) BOARD OF PATENT                                                 
                                        SALLY C. MEDLEY                                 )   APPEALS AND                                  
                                        Administrative Patent Judge                     )  INTERFERENCES                                 
                                                                                        )                                                
                                                                                        )                                                
                                        ______________________________ )                                                                 
                                        MICHAEL P. TIERNEY                              )                                                
                                        Administrative Patent Judge                     )                                                



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