HIRD et al v. MATNER et al - Page 2




          Interference No. 103,606                                                    


                    ENTRY OF ADVERSE JUDGMENT AGAINST HIRD ET AL.                     
               Receipt is acknowledged of REQUEST FOR ENTRY OF ADVERSE                
          JUDGMENT AGAINST JUNIOR PARTY filed by Junior party Hird et al.             
          (Paper No. 7) which, pursuant to 37 CFR § 1.662(a), is treated as           
          a request for entry of an adverse judgment as to all claims which           
          correspond to Count 1, the sole count in issue.                             
               Furthermore, Junior party Hird et al. have failed to file a            
          preliminary statement, and are therefore, restricted to their               
          filing date under 37 CFR § 1.629(c), which date is subsequent to            
          the date granted Senior party Matner et al.  Hird et al. have               
          also failed to file any preliminary motions under 37 CFR § 1.633,           
          and the time for filing such motions has expired.  Accordingly,             
          Hird et al. are not entitled to raise any issues at final                   
          hearing.  In view of the foregoing, entry of judgment against               
          Junior party Hird et al. is now appropriate.                                
                                      JUDGMENT                                        
               Judgment as to the subject matter of Count 1 is hereby                 
          entered against the Junior party, Robert F. Hird and Edward F.              
          Cosgrove.  Robert F. Hird and Edward F. Cosgrove are not entitled           













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