Hughes et al v. Dingeldein et al v. - Page 1




                                                 The opinion in support of the decision being                                            
                                              entered today is not binding precedent of the Board.                                       
                                                                                                       Paper 28                         
                Filed by: Trial Section Merits Panel                                                                                     
                Mail Stop Interference                                                                                                   
                P.O. Box 1450                                                                                                            
                Alexandria, VA 22313-1450                                                                                                
                Tel:  703-308-9797                                                                                                       
                Fax:  703-305-0942                                                                                                       
                                   UNITED STATES PATENT AND TRADEMARK OFFICE                                                             
                                                          _______________                                                                
                                         BEFORE THE BOARD OF PATENT APPEALS                                                              
                                                      AND INTERFERENCES                                                                  
                                                          _______________                                                                
                                    CHRISTOPHER P. HUGHES and RICHARD A. ROCCO                                                           
                                                             Junior Party,                                                               
                                                          (Patent 6,364,519),                                                            
                                                                   v.                                                                    
                                          ELVIRA DINGELDEIN, HELMUT WAHLIG,                                                              
                                          CHRISTOPHER SATTIG and EDGAR WUST                                                              
                                                             Senior Party,                                                               
                                                      (Application 09/980,547).                                                          
                                                          _______________                                                                
                                                   Patent Interference No. 105,160                                                       
                                                          _______________                                                                
                Before SCHAFER, LEE, and MEDLEY, Administrative Patent Judges.                                                           
                MEDLEY, Administrative Patent Judge.                                                                                     
                                                      JUDGMENT-RULE 662                                                                  
                        On 12 July 2004, and in response to the show cause order (Paper 25) and 8 July 2004                              
                teleconference, the board received from Hughes an “OFFER OF ADVERSE JUDGMENT” in                                         
                which Hughes abandons the contest as to the sole count in the interference (Paper 27)1.                                  

                        1  Abandonment of the contest as to a count will be treated as a request for entry of an                         
                adverse judgment.  37 CFR § 1.662(a).                                                                                    





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