1 statement and the indication that no authorized motions would be filed
2 is an abandonment of the contest and construed as a request for
3 adverse judgment. 37 CFR § 41.127(b)(4).
4 Accordingly, it is
5 ORDERED that judgment on priority as to the subject matter
6 of Count 1 (Paper 1, p. 3) is awarded against STRYKER
7 CORPORATION;
8 FURTHER ORDERED that STRYKER CORPORATION, is
9 not entitled to a patent containing claims 21-26, 27/21, 28, 29, 39,
10 45-54, 58 (corresponding to Count 1) of Patent 5,266,683;
11 FURTHER ORDERED that a copy of this judgment be made
12 of record in the file of Patent 5,266,683 and Application 08/319,831;
13 FURTHER ORDERED that if there is any settlement
14 agreement which has not been filed, attention is directed to 35 U.S.C.
15 § 135(c) and 37 CFR § 41.205; and
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Last modified: September 9, 2013