On 18 October 1999, Yolunda Townes, a paralegal
specialist assigned to the Trial Section, had a telephone
discussion with Mr. Alan Holler, Esq., of the firm of SHERMAN
& SHALLOWAY. Mr. Holler informed Ms. Townes that Mr. Holler
had been instructed by his client (JUNICHI IMUTA, JUNJI SAITO
and TAKASHI UEDA, the real party in interest being Mitsui
Petrochemical Industries, Ltd.) not to respond to the NOTICE
DECLARING INTERFERENCE. Imuta is the junior party in this
interference. Since the junior party has expressly indicated
that it does not intend to prosecute the interference, a
judgment on the merits will be entered in favor of the senior
party.
B. Order
Upon consideration of the record, including an express
indication by counsel for the junior party that the junior
party does not intend to prosecute the interference, it is
ORDERED that judgment on priority as to Count 1, the
sole count in the interference, is awarded against junior
party Junichi Imuta, Junji Saito and Takashi Ueda.
FURTHER ORDERED that judgment on priority as to
Count 1 is awarded in favor of senior party Frank Kuber, Bernd
Bachmann, Walter Spaleck, Andreas Winter and Jurgen Rohrmann.
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