Interference No. 104,352
Kiel v. Graham
Pursuant to 37 C.F.R. § 1.666(a),
enclosed herewith is a copy of an executed
settlement agreement which settles all
outstanding matters in the present
interference.
Paper No. 106 (By Graham) -- “Graham Withdrawal
of Papers” in which it is stated:
In view of the settlement of the
present Interference between the parties,
Graham hereby withdraws each of its motions
(including Graham Preliminary Motions 1-3
and Graham Motion Under 37 C.F.R. § 1.635
of January 27, 2000) with the exception of
Graham Motion for Correction of
Inventorship. In addition, Graham hereby
withdraws Graham Opposition to Corrected
Kiel Motion 2. (Emphasis in original.)
Paper No. 104 (By Kiel) -- “Kiel Withdrawal of
Corrected Kiel Motion 1" in which it is stated that
Kiel withdraws its corrected preliminary motion 1.
It is evident that the parties are attempting to
implement the procedure suggested by the administrative patent
judge. We presume that party Kiel has no objection to our
entering judgment against party Graham without prejudice to
Graham’s subsequently amending its claims or presenting
rebuttal evidence before the examiner.
The only motions now remaining pending are: (1) Kiel’s
preliminary motion 2, and (2) Graham’s motion to correct
inventorship. Both are unopposed.
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