BARRIAC et al v. FOSTER et al - Page 2




          Interference 104,036                                                       



          Before CALVERT, METZ, and PATE, Administrative Patent Judges.              
          CALVERT, Administrative Patent Judge.                                      


                           JUDGMENT UNDER 37 CFR § 1.652                             
                    Barriac et al., the junior party, having failed to file          
          a response to the order to show cause issued on June 20, 2000              
          (Paper No. 36) within the time set therein, it is appropriate              
          to enter judgment against them.                                            
                    As stated in Paper No. 36, Foster et al. motion (1)              
          under 37 CFR § 1.633(c)(3) (Paper No. 10) is granted, and accord-          
          ingly the interference is being redeclared simultaneously here-            
          with to designate Barriac et al. claims 10/1 and 11/1 as corre-            
          sponding to count 1, and Barriac et al. claims 9/4, 10/4  and              
          11/4 as corresponding to count 2.                                          
                    Foster et al. motion (2) (Paper No. 11) is deemed                
          withdrawn.                                                                 
                    Pursuant to 37 CFR § 1.652, judgment is entered against          
          Barriac et al., the junior party, in view of their failure to              
          take testimony within the time provided, as follows:                       
          Jacques J. Barriac, Douglas B. Dobbs, James R. Gillingham and              
          Adonis Spathias, the junior party, are not entitled to claims 1            
          to 3, 10/1 and 11/1 of their involved patent, designated as                



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