Interference No. 104,299 Paper No. 37
Hogan v. Cardy Page 2
of a request for entry of adverse judgment, the Board may
enter adverse judgment against the party, 37 CFR § 1.662(a).
The Board has not opened or relied upon junior party
Hogan's preliminary statement.
ORDER
Upon consideration of the record of this interference, it
is—
ORDERED that judgment on priority as to Count 1 is
awarded against Cardy;
FURTHER ORDERED that judgment on priority as to Count 2
is awarded against Cardy;
FURTHER ORDERED that Cardy is not entitled to a patent
containing claims 1-25 of its 08/204,372 patent application,
which correspond to Count 1;
FURTHER ORDERED that Cardy is not entitled to a patent
containing claims 28 and 29 of its 08/204,372 patent
application, which correspond to Count 2;
FURTHER ORDERED that, based on the record before us,
Hogan is entitled to a patent containing claims 1-41 of its
5,451,503 patent, which correspond to Count 1;
FURTHER ORDERED that, based on the record before us,
Hogan is entitled to a patent containing claims 1-37 of its
5,424,413 patent, which correspond to Count 2;
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Last modified: November 3, 2007