SUNDBY V. ROTH et al. - Page 1



                    THIS OPINION WAS NOT WRITTEN FOR PUBLICATION                      
                      and is not binding precedent of the Board                       
          Paper No. 44                                                                
          Filed by:  Trial Section Merits Panel                                       
          Box Interference                                                            
          Washington, D.C.  20231                                                     
          Tel:  703-308-9797                                                          
          Fax:  703-305-0942                                                          
                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                   _______________                                    
                          BEFORE THE BOARD OF PATENT APPEALS                          
                                  AND INTERFERENCES                                   
                                   _______________                                    
                                     DALE SUNDBY                                      
                                    Junior Party                                      
                                (Patent 08/819,190),                                  
                                         v.                                           
                          DAVID W. ROTH and DYLAN SALISBURY                           
                                    Senior Party                                      
                              (Application 08/787,979).                               
                                   _______________                                    
                           Patent Interference No. 104,443                            
                                   _______________                                    
          Before LEE, GARDNER-LANE and MEDLEY, Administrative Patent                  
          Judges.                                                                     
          MEDLEY, Administrative Patent Judge.                                        
                         JUDGMENT PURSUANT TO 37 CFR § 1.662                          

               On January 17, 2001, junior party Sundby was ordered to show           
          cause why adverse judgment as to the subject matter of the count            
          should not be entered against Sundby.  (Paper 43).  Junior party            
          had 20 days from January 17, 2001 to respond to the ORDER TO SHOW           
          CAUSE.  Junior party Sundby has not responded.  During a                    




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