The underlined portion of Szum’s concession of priority has been accorded no weight and
will be accorded no weight in future prosecution by Szum before the USPTO. Paper 32 of the
official record of the interference file has been modified, such that the limiting paragraph
underlined above is stricken through. The decision to enter judgment against Szum is based
solely upon Szum’s request for a concession of priority, less the underlined portion reproduced
above.
Should either party believe that Szum’s request for adverse judgment has been
“misapprehended,” the party may file a request for rehearing under Bd. R. 127(d).
Upon consideration of the record it is
ORDERED that judgment on priority as to Count 1 (Paper 1 at 5) is awarded
against senior party DAVID M. SZUM, CHANDER P. CHAWLA, JAMES R. PETISCE, JOHN
T. VANDEBERG, GEORGE PASTERNACK, TIMOTHY E. BISHOP, PAUL E.
SNOWWHITE, EDWARD P. ZAHORA, and STEPHEN C. LAPIN.
FURTHER ORDERED that senior party DAVID M. SZUM, CHANDER P.
CHAWLA, JAMES R. PETISCE, JOHN T. VANDEBERG, GEORGE PASTERNACK,
TIMOTHY E. BISHOP, PAUL E. SNOWWHITE, EDWARD P. ZAHORA, and STEPHEN C.
LAPIN is not entitled to a patent containing claims 74–80 (corresponding to Count 1) of
application 09/757,533.
FURTHER ORDERED that a copy of this paper shall be made of record in files
of application 09/757,533 and U.S. Patent 6,014,488.
FURTHER ORDERED that if there is a settlement agreement, attention is
directed to 35 U.S.C. § 135(c) and Bd.R. 205.
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