Interference No. 104,197
1. the McDonald motion to substitute the count (Paper No. 16) and supplemental
explanation (Paper No. 17);
2. the redeclaration of the interference substituting Count 2 for existing Count 1,
and the designation of the claims corresponding to Count 2 (Paper No. 19);
3. the junior party, McDonald et al.’s, failure to make any showing why judgment on
the record should not be entered against them;
a. McDonald has failed to file a preliminary statement and is, therefore,
restricted to its effective filing date;
b. McDonald has filed only two preliminary motions under 37 CFR
§ 1.633, and the time allowed for such motions has expired; and
4. during a conference call with Mr. Woessner, counsel for McDonald, and Ms.
Glovsky, counsel for Briskin, on November 4, 1999, Mr. Woessner agreed to the entry of
an adverse judgment against McDonald with respect to those claims which have been
designated as corresponding to Count 2;
and pursuant to 37 CFR § 1.662(a), JUDGMENT as to the subject matter of count
2 is hereby awarded to the senior party, MICHAEL J. BRISKIN. Judgment is herein
entered against the junior party JOHN A. McDONALD, ANDREW P. SPICER, and MARY
L. AUGUSTINE.
Accordingly, JOHN A. McDONALD, ANDREW P. SPICER, and MARY L.
AUGUSTINE are not entitled to a patent containing claims 9, 10, 13, 16, 17, 20, 22, 23,
25-28, 31, 33-36, 39 and 46, corresponding to Count 2.
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