RISEMAN et al. V. KOBAYASHI et al. - Page 2




          Interference No. 103,780                                                    
          Kobayashi v. Riseman                                                        

          LEE, Administrative Patent Judge.                                           
                                      JUDGMENT                                        
               A decision on preliminary motions was issued on March 12,              
          1999.  (Paper No. 56).  The parties have been engaged in the                
          priority testimony stage of this interference since that time.              
               On December 9, 1999, senior party Kobayashi filed a paper              
          (Paper No. 75) abandoning contest as to the count of this                   
          interference and entitled “Request for Entry of Adverse                     
          Judgment.”  Per 37 CFR § 1.662(a), the senior party’s abandonment           
          of the contest as to the count is treated as a request for entry            
          of adverse judgment.  The request is granted.                               
               Junior party’s counsel has informed Program and Resource               
          Administrator Sally Medley of the Board that according to a                 
          settlement agreement executed between the parties, the case-in-             
          chief of the junior party is to be filed as a part of the record            
          in this interference.  It is                                                
               ORDERED that if both parties desire the case-in-chief                  
          evidence of the junior party to be included as a part of the                
          record of this interference, it shall be filed within ten (10)              
          days of the date of this communication;                                     
               FURTHER ORDERED that judgment is herein entered against                
          senior party Kobayashi and in favor of junior party Riseman;                

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