OTRUBA V. HINTON - Page 2




          Interference No. 104,045                                                    







          Before CALVERT, PATE and MARTIN, Administrative Patent Judges.              
          CALVERT, Administrative Patent Judge.                                       


                                      JUDGMENT                                        
                    Since Otruba has not filed a response to the order                
          to show cause issued on September 24, 1998 (Paper No. 19), and              
          the time set for filing a response has expired, this case is                
          taken  up for the entry of judgment.                                        
                    In Paper No. 19, the Otruba motion under 37 CFR                   
          § 1.633(c)(4) to designate claims 12 to 15 of his involved                  
          patent as not corresponding to the count was granted as to                  
          claims 12 to 14.  Accordingly, the interference is redeclared               
          herewith to reflect that decision.                                          
                    In view of the Joint Concession of Unpatentability                
          of the Count (Paper No. 16), and the redeclaration herewith,                
          it is hereby adjudged, pursuant to 37 CFR § 1.662(a), that the              
          junior party, Svatoboj Otruba, is not entitled to claims 1, 4               
          to 11 and 15 of his involved patent, designated as correspond-              

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