Interference No. 104,257
Kovacic et al. v. Culter et al.
8. On December 17, 1998, the administrative patent
judge issued an order for the common assignee to show cause
why judgment should not be entered against the junior party.
(Paper No. 6). In the same communication, the common assignee
was advised that if in its opinion the junior party was the
prior inventor then the senior party may concede priority to
the junior party and that the evidence on which such opinion
is based need not be filed.
9. The administrative patent judge granted an extension
of time to January 31, 1999, for the common assignee to
respond to the show cause order. (Paper No. 7).
10. On February 1, 1999, the junior party filed a paper
entitled "Concession of Priority" in which it is stated:
"Junior party Kovacic, et al. acknowledges that priority for
the interference counts resides with the Senior party Culter,
et al." (Paper No. 8).
11. The concession of priority is treated as a request
for entry of adverse judgment under 37 CFR § 1.662(a). The
request is granted.
Judgment
According, it is
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