SHUEY V. FUTATSUGI et al. - Page 2




          Interference No. 104,020                                                    




          Before CALVERT, METZ and PATE, Administrative Patent Judges.                
          PATE, Administrative Patent Judge.                                          
                          JUDGMENT UNDER 37 CFR § 1.640(e)                            
                                     Background                                       
                    During a preliminary motion period established by                 
          the Administrative Patent Judge (APJ) in this interference,                 
          the junior party filed an abandonment of the contest and the                
          senior party filed a motion under 37 CFR § 1.633(c)(3) to have              
          additional claims of the junior party designated as corre-                  
          sponding to the count.  Neither party filed a preliminary                   
          statement.  In a decision, the APJ granted the senior party                 
          motion to designate claims and redeclared the interference                  
          with claims 1-41 of the junior party designated as correspond-              
          ing to the count.  The APJ issued an Order to Show Cause under              
          37 CFR § 1.640(d)(2) against the junior party.  The junior                  
          party has not responded to the order.  Accordingly, the fol-                
          lowing judgment under 37 CFR                                                
          § 1.640(e) is entered.                                                      
                                      Judgment                                        




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