In an ORDER SETTING TIMES FOR TAKING ACTION (Paper 21),
Mattson was afforded an opportunity to file any additional
preliminary motions and its priority case. The date for filing
any preliminary motions and priority case was 18 November 2000.
Mattson has not filed any additional preliminary motions or a
priority case. Accordingly, as a junior party without a timely
filed priority case, it is not apparent how Mattson is entitled
to prevail in the interference. In light of the record, there is
no apparent reason for not entering at this time a judgment
against Mattson.
B. Order
Upon consideration of the record, including the fact that
there has been no response to the ORDER SETTING TIMES FOR TAKING
ACTION (Paper 21), it is
ORDERED that judgment on priority as to Count 1
(Paper 1, page 46), the sole count in the interference, is
awarded against junior party STEPHANIE M. MATTSON.
FURTHER ORDERED that junior party STEPHANIE M. MATTSON
is not entitled to a patent containing claims 1-14 (corresponding
to Count 1) of U.S. Patent 5,523,264, granted 4 June 1996, based
on application 08/414,689, filed 31 March 1995.
FURTHER ORDERED that a copy of this paper shall be made
of record in files of application 08/581,517 and U.S. Patent
5,523,264.
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