GILBERT et al. V. CHIEN - Page 2




          1    has a patent or application in the interference is construed to be a request for adverse judgment.               
          2           It is:                                                                                                    
          3           ORDERED that judgment on priority as to Count 1, the sole count in interference, is                       
          4    awarded against Junior Party Chien.                                                                              
          5           FURTHER ORDERED that Junior Party Chien is not entitled to a patent containing                            
          6    claims 21, 23-31 and 33-37 of Chien’s abandoned U.S. Application No. 09/093,803, all of which                    
          7    correspond to Count 1.                                                                                           
          8           FURTHER ORDERED that a copy of this paper shall be made of record in the files of                         
          9    U.S. Application No. 09/093,803 and U.S. Patent No. 5,330,893.                                                   
        10            FURTHER ORDERED that the parties’ attention is directed to 35 U.S.C. §135(c) and                          
        11     37 Bd. R. 205.                                                                                                   
        12                                   /Sally Gardener Lane/           )                                                  
        13                                   SALLY GARDNER LANE  )                                                              
        14                                   Administrative Patent Judge  )                                                     
        15                                                                        )                                             
        16                                   /Michael P. Tierney   )       BOARD OF PATENT                                      
        17                                   MICHAEL P. TIERNEY  )           APPEALS AND                                        
        18                                   Administrative Patent Judge  )        INTERFERENCES                                
        19                                                                        )                                             
        20                                   /James T. Moore/              )                                                    
        21                                   JAMES T. MOORE   )                                                                 
        22                                   Administrative Patent Judge  )                                                     










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