MANZO et al. V. OGATA et al. - Page 4

          objections.  Hence, according to Ogata, an amendment did not need           
          to accompany the Ogata petition to revive.  Lastly, Ogata noted             
          that the required fee had been authorized to be charged to a PTO            
          deposit account (page 2 of Paper No. 14 in the file of                      
          application 08/193,589).  We note that the fee was charged by the           
          PTO to that deposit account.  Id. at page 1.                                
               B.   Discussion                                                        
               Ogata maintains that Manzo did not raise the "abandonment"             
          issue properly.  Whether the issue was raised properly or not is            
          not particularly important.  The fact is Manzo is wrong on the              
          merits, because the Ogata application is pending and is not                 
               We disagree with Manzo's abandonment argument on the merits.           
          On this record, it turns out that the Ogata application was                 
          abandoned on the date the NOTICE DECLARING INTERFERENCE was                 
          entered.  Hence, we can agree for purposes of discussion that the           
          board may have lacked jurisdiction to declare the interference on           
          November 4, 1996.  However, following revival of the Ogata                  
          application by the Office of the Assistant Commissioner for                 
          Patents and entry of the ORDER REDECLARING INTERFERENCE, the                
          board acquired subject matter jurisdiction over the interference.           
               Manzo's argument that the petition to revive should not have           
          been granted because Ogata did not file "responsive pleadings" or           
          a fee with the petition to revive is without merit.  It is true             

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