telephone conference call initiated by Board personnel on
February 7, 2001, counsel for party Sundby indicated that party
Sundby will not respond to the ORDER TO SHOW CAUSE.
Upon consideration of the record, it is
ORDERED that judgment on priority as to Count 1 (Paper
1 at 49), the sole count in the interference, is awarded against
junior party Dale Sundby.
FURTHER ORDERED that junior party Dale Sundby is not
entitled to a patent containing claim 19 (corresponding to Count
1) of application 08/819,190, filed 17 March 1997.
FURTHER ORDERED that a copy of this paper shall be made
of record in files of application 08/819,190 and application
08/787,979.
FURTHER ORDERED that if there is a settlement
agreement, attention is directed to 35 U.S.C. § 135(c) and 37 CFR
§ 1.661.
______________________________)
JAMESON LEE )
Administrative Patent Judge )
)
)
______________________________) BOARD OF PATENT
SALLY GARDNER-LANE ) APPEALS AND
Administrative Patent Judge ) INTERFERENCES
)
)
______________________________)
SALLY C. MEDLEY )
Administrative Patent Judge )
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