§ 1.617. Pedemonte has not timely filed a response to the
order to show cause.
Moreover, on 14 February 2000, Yolunda Townes (a
paralegal assigned to the Trial Section) telephoned counsel
for Pedemonte, who indicated that Pedemonte would not be
filing a response to the order to show cause.
Accordingly, entry of summary judgment is appropriate.
B. Order
Upon consideration of the record, and for the reasons
given, it is
ORDERED that summary judgment under 37 CFR § 1.617
should be entered against junior party Ronald P. Pedemonte.
FURTHER ORDERED that judgment on priority as to
Count 1 (Paper 1, page 45), the sole count in the
interference, is awarded against junior party Ronald P.
Pedemonte.
FURTHER ORDERED that judgment on priority as to
Count 1 is awarded in favor of senior party Urs Lehmann,
Rolf Dietz, Hans Reichert and Athanassios Tzikas.
FURTHER ORDERED that, on the record before the Board
of Patent Appeals and Interferences, senior party Urs Lehmann,
Rolf Dietz, Hans Reichert and Athanassios Tzikas is entitled
to a patent containing claims 1-15 (corresponding to Count 1)
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