ZHU et al.v.IVY et al.

Board of Patent Appeals and Interferences

Nov 30, 1999

08113890 (B.P.A.I. Nov. 30, 1999)

THIS OPINION WAS NOT WRITTEN FOR PUBLICATION
The opinion in support of this decision (1) was not written for publication and (2) is not
binding precedent of the Board.
Paper 35
Filed by: Interference Trial Section Merits Panel
Box Interference
Washington, D.C. 20231
Tel: 703-308-9797
Fax: 703-305-0942
UNITED STATES PATENT AND TRADEMARK OFFICE
_______________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
_______________
ALEX ZHU and JACK GOLDSTEIN,
Junior Party,
(Application No. 08/380,194),
v.
JOHN M. IVY and DAVID E. CLEMENTS
Senior Party
(Application No. 08/113,890).
_______________
Patent Interference No. 104,194
_______________
Before: McKELVEY, Senior Administrative Patent Judge, and SCHAFER and LEE, Administrative
Patent Judges.
PER CURIUM
JUDGMENT PURSUANT TO 37 CFR § 1.662
2
Upon consideration of Zhu’s REQUEST FOR ADVERSE JUDGMENT UNDER 37 C.F.R.
§ 1.662 AND REQUEST FOR RETURN OF PRELIMINARY STATEMENT BY PARTY ZHU ET
AL. (Paper 34), it is
ORDERED that judgment on priority as to Count 1, the sole count in the interference, is awarded
against the junior party ALEX ZHU and JACK GOLDSTEIN.
FURTHER ORDERED that, judgment on priority as to Count 1 is awarded in favor of senior
party JOHN M. IVY and DAVID E. CLEMENTS.
FURTHER ORDERED that junior party ALEX ZHU and JACK GOLDSTEIN is not entitled to
a patent containing claims 24-56 (corresponding to Count 1) of application 08/380,194, filed January 30,
1995.
FURTHER ORDERED that senior party JOHN M. IVY and DAVID E. CLEMENTS is entitled
to a patent containing claims 3-6, 13, 14 and 16 (corresponding to Count 1) of Application 08/113,890,
filed August 30, 1993.
FURTHER ORDERED that Zhu’s preliminary statement be returned unopened.
FURTHER ORDERED that a copy of this decision be made of record in application 08/380,194
and in application 08/113,890.
______________________________)
FRED E. McKELVEY )
Senior Administrative Patent Judge )
)
)
______________________________) BOARD OF PATENT
RICHARD E. SCHAFER ) APPEALS AND
Administrative Patent Judge ) INTERFERENCES
)
)
______________________________)
JAMESON LEE )
Administrative Patent Judge )
3
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)
cc (via Federal Express):
Counsel for Zhu Counsel for Ivy
James H. Morris, Esq. Kate H. Murashige, Esq.
WOLF, GREENFIELD & SACKS, P.C. MORRISON & FOERSTER, LLP
Federal Reserve Plaza 2000 Pennsylvania Avenue, N.W.
600 Atlantic Avenue Washington, D.C. 20006-1888
Boston, Massachusetts 02210
Fax: 617-720-2441
Fax: 202-887-0763