Interference No. 105,182 Paper 77
Lee v. Dryja Page 3
patentable claims corresponding to the sole count in the interference, it is appropriate to
enter judgment at this time.
II. Order
Therefore, based on the foregoing, it is
ORDERED that judgment on priority as to Count 1 (Paper 1, p. 5) is awarded
against junior party WEN-HWA LEE and EVA Y-H.P. LEE;
FURTHER ORDERED that junior party WEN-HWA LEE and EVA Y-H.P. LEE is
not entitled to a patent containing claims 1-4 (corresponding to Count 1);
FURTHER ORDERED that if there is a settlement agreement and it has not
already been filed, attention is directed to 35 U.S.C. § 135(c) and 37 CFR § 1.661; and,
FURTHER ORDERED that a copy of this judgment (Paper 77) and of the
decision on motions (Paper 76) be given appropriate paper numbers and entered into
the file records of U.S. Patent No. 5,998,134 and U.S. application 09/387,158.
\ Richard Torczon \ )
RICHARD TORCZON )
Administrative Patent Judge )
)
)
\ Carol A. Spiegel \ ) BOARD OF PATENT
CAROL A. SPIEGEL ) APPEALS AND
Administrative Patent Judge ) INTERFERENCES
)
)
\ Sally Gardner Lane \ )
SALLY GARDNER LANE )
Administrative Patent Judge )
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