entered against it. (Paper No. 42). Gomes has filed a paper stating that it will not show cause.
(Paper No. 43).
It is:
ORDERED that Junior Party Gomes has failed to provide a showing that it is entitled to
priority of invention as against Senior Party Luo for the subject matter of Count 1, the sole count
in interference.
FURTHER ORDERED that judgment on priority is entered against Junior Party Gomes
on Count 1.
FURTHER ORDERED that Junior Party Gomes is not entitled to a patent containing
claims 1-2 and 5-11, all of which correspond to Count 1, of its involved U.S. Patent No.
6,096,539.
FURTHER ORDERED that a copy of this paper shall be made of record in the files of
U.S. Application No. 09/762,491 and U.S. Patent No. 6,096,539.
. FURTHER ORDERED that the parties attention is directed to the settlement agreement
provisions in 35 U.S.C. §135(c) and 37 C.F.R. §41.205.
/ss/ Michael P. Tierney ) BOARD OF PATENT
MICHAEL P. TIERNEY ) APPEALS AND
Administrative Patent Judge ) INTERFERENCES
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