Wang et al.

Board of Patent Appeals and Interferences

May 28, 2002

08732015 (B.P.A.I. May. 28, 2002)

The opinion in support of the decision being
entered today is not binding precedent of the Board.
Paper 82
Filed by: Trial Section Merits Panel
Box Interference Filed
Washington, D.C. 20231 May 28 2002
Tel: 703-308-9797
Fax: 703-305-0942 MAILEU
UNITED STATES PATENT AND TRADEMARK OFFICE
MAY 2 8
BEFORE THE BOARD OF PATENT APPEALS PAT. & T.M. OFFICE
AND INTERFERENCES BOARD OF PATENT APPEALS
AND INTERFERENCES
YULUN WANG, KEITH P. LABY, DARRIN R. UECKER,
AMANTE A. MANGASER, and MODJTABA GHODOUSSI
Junior Party,
(Patent 5,878,193),
v .
PHILIP S. GREEN
Senior Party
(Application 08/709,930).
Patent Interference No. 104,644
Before SCHAFER, LEE, and MEDLEY, Administrative Patent Judges.
MEDLEY, Administrative Patent Judge.
JUDGMENT
On 26 April 2002, an order granting a stay in this
interference was granted (Paper 81). Judgment has been entered
in related interferences 104,643 and 104,645. Accordingly, it is
now time appropriate to lift the stay and enter judgment against
Wang. Our decision on preliminary motions (Paper 80) is now
f inal.
Accordingly, it is
ORDERED that judgment as to Count 1 (Paper 1 at 5), the soie
count in the interference, is awarded against junior party YULUN
WANG, KEITH P. LABY, DARRIN R. UECKER, AMANTE A. MANGASER, and
MODJTABA GHODOUSSI;
FURTHER ORDERED that junior party YULUN WANG, KEITH P. LABY,
DARRIN R. UECKER, AMANTE A. MANGASER, and MODJTABA GHODOUSSI is
not entitled to a patent containing claims 1-3 (corresponding to
Count 1) of U.S. Patent 5,878,193;
FURTHER ORDERED that a copy of this paper shall be made of
record in the files of application 08/709,930, and U.S. Patent
5,878,193;
FURTHER ORDERED that if there is a settlement agreement,
attention is directed to 35 U.S.C. § 135(c) and 37 CFR § 1.661.
KICHARD E. SCHAFER
Administrative Patenludge
)BOARD OF PATENT
jJESON LEE
V
APPEALS AND
ministrative Patent Judge INTERFERENCES
S7MLY K.L-MEMEY
Administrative Patent Judge
-2-
cc (via federal express):
Attorney for Wang:
Jan P. Weir
Stradling, Yocca, Carlson & Rauth
660 Newport Center Drive, Suite 1600
Newport Beach,- CA 92660
Tel: 949-725-4000
Fax: 949-725-4100
Attorney for Green:
Edward J. Keeling
Townsend and Townsend and Crew LLP
Two Embarca.dero Center, 8t' Floor
San Francisco, CA 94111-3834
Tel: 415-576-0200
Fax: 415-576-0300