Piddington et al. V. Desnoyers et al. - Page 2




           1           On 27 June 2006, Paralegal Yolunda Townes spoke with Brian J.  Walsh,                                         
           2 Counsel for Piddington, via telephone.  Mr.  Walsh indicated that Piddington is                                         
           3 abandoning the contest.  Accordingly, it is appropriate to enter judgment against                                       
           4 Piddington.  Bd.R. 127(b) (4).                                                                                          
           5           Upon consideration of the record and for reasons given, it is                                                 
           6                   ORDERED that judgment on Count 1, the sole count of the Interference,                                 
           7 is entered against Junior Party, Christopher S.  Piddington  and Paul D.  Bishop;                                       
           8                   FURTHER ORDERED that Junior Party, Christopher S.  Piddington  and                                    
           9 Paul D.  Bishop, is not entitled to a patent containing claims 1-15 of patent 6,521,233;                                
          10                   FURTHER ORDERED that if there is a settlement agreement, the parties                                  
          11 are directed to 35 USC §135( c) and Bd. R. 205; and                                                                     
          12                   FURTHER ORDERED that a copy of this Judgment shall be entered into                                    
          13 the administrative records of Piddington’s 6,521,233 Patent and Desnoyers’ 09/931,836                                   
          14 Application.                                                                                                            
          15                                                                                                                         
          16                           /Richard Torczon/                      )                                                      
          17                           RICHARD TORCZON                        )                                                      
          18                           Administrative Patent Judge            )                                                      
          19                                                                  )                                                      
          20                                                                  )                                                      
          21                           /Sally Gardner Lane/                   ) BOARD OF PATENT                                      
          22                           SALLY G. Lane                          )   APPEALS AND                                        
          23                           Administrative Patent Judge            ) INTERFERENCES                                        
          24                                                                  )                                                      
          25                                                                  )                                                      
          26                           /James T. Moore/                       )                                                      
          27                           JAMES T. MOORE                         )                                                      
          28                           Administrative Patent Judge            )                                                      
          29                                                                                                                         
          30                                                                                                                         
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