Interference No. 105,136 Paper 62
Wang v. Imler Page 19
ORDERED that Imler's proposed amendment (Paper 58, copy attached)
shall be entered into the application file of application 09/739,007;
FURTHER ORDERED that Wang preliminary motion 1 (Paper 40), Imler
miscellaneous motion 1 (Paper 39), and Imler's motion to strike (Paper 56) are each
DISMISSED as moot;
FURTHER ORDERED that judgment on priority is entered against junior
party QING WANG, MITCHELL H. FINER and XIAO-CHI JIA;
FURTHER ORDERED that junior party QING WANG, MITCHELL H.
FINER and XIAO-CHI JIA is not entitled to a patent containing claims 37, 38, 46, 47,
52, 54, and 56 of its 08/333,680 application which correspond to Count 1 (Paper 14 at
8), the sole count in the interference;
FURTHER ORDERED that senior party JEAN-LUC IMLER, MAJID
MEHTALI and ANDREA PAVIRANI is not entitled to a patent containing claims 73-77,
80-88, 91, and 92 of application 09/739,007;
FURTHER ORDERED that upon resumption of ex parte prosecution, it is
recommended in accordance with 37 CFR §1.659(a) that the examiner reject claims 66
and 67 of Imler's 09/218,143 application for reasons set forth above;
FURTHER ORDERED that if there is a settlement agreement, the parties'
attention is directed to 35 USC § 135(c); and
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