GRIGGS et al. V. ROSE - Page 2




                 Interference No. 103,729                                                                                                               
                 Griggs v. Rose                                                                                                                         

                 Alvin Blum, has been received.   (Paper No. 13).  Despite the3                                                                                
                 caption on the paper’s top left hand corner indicating that                                                                            
                 the paper is filed by junior party’s counsel for the junior                                                                            
                 party, it is apparent that it is the senior party, Howard                                                                              
                 Rose, who is conceding priority, based on the signatures on                                                                            
                 the paper.                                                                                                                             
                          The paper states that the senior party Howard Rose                                                                            
                 consents to entry of adverse judgment under 37 CFR § 1.662.                                                                            
                 Accordingly, based on the concession of priority and consent                                                                           
                 to entry of adverse judgment, it is                                                                                                    
                          ORDERED that judgment as to the subject matter of the                                                                         
                 sole count is awarded in favor of junior party Griggs and                                                                              
                 against senior party Rose;                                                                                                             
                          ORDERED that Howard Rose is not entitled to his patent                                                                        
                 claims 1-17 which correspond to the count;                                                                                             
                          ORDERED that on this record, Eugene S. Griggs, Jr., and                                                                       
                 Joanne Hayes are entitled to their application claims 1-6, 8-                                                                          
                 9, 11, 13-18, 21-26, and 29-31, which correspond to the count;                                                                         
                 and                                                                                                                                    


                          3The paper is not accompanied by any certificate of                                                                           
                 service.                                                                                                                               
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