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HANNA et al. V. Sievers et al. - Page 1




               Filed by: Merits Panel Paper No. 33                                                                                
               Mail Stop Interference                                                                                             
               P.O. Box 1450               Filed:  January 17, 2007                                                               
               Alexandria VA, 22313-1450                                                                                          
               Tel: 571-272-9797                                                                                                  
               Fax: 571-273-0042                                                                                                  
                                 UNITED STATES PATENT AND TRADEMARK OFFICE                                                        
                                                       _______________                                                            
                                       BEFORE THE BOARD OF PATENT APPEALS                                                         
                                                   AND INTERFERENCES                                                              
                                                       _______________                                                            
                                            MAZEN HANNA and PETER YORK                                                            
                                                          Junior Party                                                            
                                                       (Patent 6,063,138),                                                        
                                                                v.                                                                
                                          ROBERT E. SIEVERS and UWE KARST                                                         
                                                          Senior Party                                                            
                                                   (Application 09/858,998).                                                      

                                            Patent Interference No. 105,488 (SCM)                                                 
                                                      _________________                                                           
               Before: LEE, LANE, and MEDLEY, Administrative Patent Judges.                                                       
               MEDLEY, Administrative Patent Judge.                                                                               
                                                   Judgment - Bd.R. 127(b)                                                        
                      On 11 January 2007, the Board received from Sievers “SIEVERS TRANSMITTAL OF                                 
               NOTICE OF EXPRESS ABANDONMENT” in which Sievers “expressly abandons the Sievers                                    
               et al application” (Paper 31 at 2).                                                                                
                      Abandonment of an involved application such that the party no longer has an application                     
               is construed to be a request for adverse judgment.  Bd.R. 127(b)(1).  Upon consideration of                        
               Sievers’ request for adverse judgment, it is                                                                       

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