PATEL V. FULLER et al. - Page 3




          Interference No. 104,166                                                    
          Patel v. Fuller                                                             

               8.   Within the 20 day period for the junior party to                  
          respond to the order to show cause, senior party Fuller filed               
          a miscellaneous motion pointing out that the show cause order               
          did not address the matter of the senior party’s pending                    
          motions to add a new count, and requesting that the                         
          interference be re-declared with count 2, 3, or 4, as proposed              
          in the senior party’s preliminary motions.                                  
               9.   Junior party Patel did not respond to senior party                
          Fuller’s miscellaneous motion.                                              
               10. Senior party Fuller’s preliminary motions 1, 2, and                
          3, and miscellaneous motion stand unopposed.                                
               11. To this date, junior party Patel has not filed any                 
          paper, with the possible exception of a paper filed by its                  
          counsel to seek withdrawal as attorneys.  See Paper No. 5.                  
               12. The request by junior party’s counsel to withdraw                  
          was granted by administrative patent judge Murriel Crawford.                
               C.   Discussion                                                        
               Party Fuller’s preliminary motion 1 to add proposed count              
          2 is unopposed.  The motion is granted-in-part.  No reason has              
          been shown by party Fuller to have count 2 deviate from the                 
          language of Patel’s claim 1 or Fuller’s claim 80.                           

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