Interference No. 104,097
Shinomiya v. Hanyu
LEE, Administrative Patent Judge.
JUDGMENT
On March 16, 2000, a decision on preliminary motions was
rendered in this case by an administrative patent judge.
(Paper No. 59). The decision contained an order for junior
party Shinomiya to show cause why judgment should not be
entered against it on the ground that it has chosen, for its
priority case, to rely on its accorded benefit date of January
31, 1991, and has failed in its efforts to attack the accorded
benefit dates of the senior party which are on various dates
in 1990.
Party Shinomiya was given twenty (20) days to respond to
the show cause order, and no response has been filed. On the
morning of April 11, 2000, Paralegal Specialist Ms. Yolunda
Townes of the Board called junior party’s counsel Mr. George
W. Neuner to ascertain if the junior party had filed a
response to the show cause order, and was informed by Mr.
Neuner that no such response was filed and that the junior
party does not intend to file a response.
On the basis of the notice provided by junior party’s
counsel to Board personnel on April 11, 2000, entry of
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