Ex Parte Sheng

Board of Patent Appeals and Interferences

Jan 3, 2003

08697321 (B.P.A.I. Jan. 3, 2003)

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The opinion in support of the decision being
entered today is not binding precedent of the Board.
Paper 18
Filed by: Interference Trial Section Merits Panel
Box Interference Filed:
Washington, D.C. 20231 3 January 2003
Tel: 703-308-9797
Fax: 703-305-0942
UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
JIQUN SHAO, and A. STUART DENHOLM
Junior Party,
(Patent 5,654,043),
V. -0 3 20ýj
TERRY T. SHENG Til.l. 011TIC112
Senior Party
(Application 08/697,321).
Patent Interference No. 105,047
Before: SCHAFER, TORCZON and NAGUMO, Administrative Patent Judges.
SCHAFER, Administrative Patent Judge.
JUDGMENT PURSUANT TO 37 CFR § 1.662
Shao has filed a request for entry of an adverse judgment under 37 CFR § 1.662(a).
Paper 17. Accordingly, it is
ORDERED thatjudgment on priority as to the subject matter of Count I (Paper 1, p.5), is
awarded against the junior party, JIQUN SHAD and STUART DENHOLM;
FURTHER ORDERED that junior party, JIQUN SHAO and STUART DENHOLM, is
not entitled to a patent containing claims 1-5, 8-15 and 17-19 (corresponding to Count 1) of
Patent 5,654,043;
FURTHER ORDERED that the conference call scheduled for January 7, 2003, is
cancelled;
FURTHER ORDERED that if there be a settlement agreement, which has not been filed,
that the parties are advised of the requirement to file a copy of the agreement (35 U.S.C. §
135(c)); and
FURTHER ORDERED that a copy of this judgment be made of record in Application
08/697,321 and in the file history of Patent 5,654,043.'
kiCHARDE.SCHAFER
AdmiWistrative Patent Jud re
BOARD OF PATENT
RICHARD TORCZON
Administrative Patent Jud c APPEALS AND
)INTERFERENCES
'MARK NAGUMO
Administrative Patent J e
'Shao's request for adverse judgment states:
Party Shao, expressly reserves its right of priority to all the remaining
claims of U.S. Patent 5,654,043 not designated as corresponding to the
count, i.e., claims 6, 7, 16, 20, and 21.
In entering judgment against Shao no consideration has been given to the above-quoted
statement.
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cc (via Fax):
Attorney for SHAO:
R. Danny Huntington
BURNS, DOANE, SWECKER & MATHIS, L.L.P.
P. 0. Box 1404
Alexandria, VA 22313-1404
Tel: 703-836-6620
Fax: 703-836-2021
Attorney for SENG:
Nicola A. Pisano
FISH & NEAVE
1251 Avenue of the Americas
New York, NY 10020-1105
Tel: 650-617-4000
Fax: 650-617-4090
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