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Before: SCHAFER, HANLON and WEIMAR, Administrative Patent Judges.
FINAL DECISION
The junior parties have failed to file a brief for final hearing as required by the order entered
October 8, 1997 (Paper 30). Failure to file the brief is considered to be a concession of priority.
Accordingly, judgement is awarded against the parties Clemmer and Miller. The party Clemmer is not
entitled to a patent on the subject matter of claims 21-40 of application 08/729,264, corresponding to the
count. The party Miller is not entitled to a patent on the subject matter of claims 1-4 of application
08/678,564, corresponding to the count. The party Ewing is entitled to a patent on the subject matter of
claims 12-22 of application 08/716,370, corresponding to the count.
A copy of this decision shall be entered into the files of applications 08/729,264; 08/678,564; and
08/716,370.
RICHARD E. SCHAFER )
Administrative Patent Judge )
)
)
)
ADRIENE L. HANLON ) BOARD OF PATENT
Administrative Patent Judge ) APPEALS AND
) INTERFERENCES
)
)
ELIZABETH C. WEIMAR )
Administrative Patent Judge )
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