TOMITA et al v. GODIL et al. - Page 11




                Interference No.  105,313                                                                                                
                Tomita v. Godil                                                                                                          
                        For reasons discussed above, the second declaration of James Hunter (Exhibit 2002) is                            
                not entitled to consideration.  Since party Tomita’s argument on why judgment should not be                              
                entered against Tomita is based on acceptance and consideration of James Hunter’s second                                 
                declaration, good cause has not been shown on why judgment should not be entered against                                 
                junior party Tomita.  And even if the second declaration of James Hunter is accepted for                                 
                consideration and actually considered, for reasons discussed above party Tomita still has not                            
                shown good cause why judgment should not be entered against it.                                                          
                        Judgment will be entered against junior party Tomita in a separate paper.                                        






                                        /ss/        Jameson Lee                                                                          
                                        JAMESON LEE                                    )                                                 
                                        Administrative Patent Judge                 )                                                    
                                                                                )                                                        
                                                                                )                                                        
                                                                               )                                                        
                                        /ss/       James T. Moore                        )    BOARD OF PATENT                            
                                        JAMES T. MOORE                  )            APPEALS                                             
                                        Administrative Patent Judge                 )                AND                                 
                                                                                )      INTERFERENCES                                     
                                                                                )                                                        
                                                                               )                                                        
                                        /ss/       Linda Poteate                            )                                            
                                        LINDA POTEATE                           )                                                        
                                        Administrative Patent Judge             )                                                        




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