party in interest] as to Count 1, the party Gray et al.
does not concede the issue of priority of invention to
the party Heeres et al.
(1) the filing of the GRAY ET AL. ABANDONMENT OF
CONTEST UNDER 37 C.F.R. § 1.662(a) (Paper 28) shall be treated
as a request for entry of an adverse judgment (see 37 CFR
§ 1.662(a)) and
(2) the judgment entered today is a judgment on the
merits which as between the parties to the interference
establishes that JAN HEERES, JEAN L. MESENS and JOZEF PEETERS
"made" (35 U.S.C. § 102(g)) the invention defined by Count 1
prior to NANCY M. GRAY and RAYMOND L. WOOSLEY.
FURTHER ORDERED that the preliminary statement filed
by Heeres is returned unopened.
FURTHER ORDERED that if there is a settlement
agreement, attention is directed to 35 U.S.C. § 135(c) and
37 CFR § 1.661.
______________________________
FRED E. McKELVEY, Senior )
Administrative Patent Judge )
)
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