On May 30, 2000, an order was issued directing the senior party to show cause why judgment
should not be entered against it. No response to that order has been filed. During a telephone conference
on June 27, 2000, counsel for the senior party confirmed that no response had been filed. The time for
filing a response having expired, it is appropriate to enter judgment against the senior party. 37 CFR §
1.640(e). Accordingly it is
ORDERED that judgment on priority as to the subject matter of the Count (Attachment to Paper
2, p.3), is awarded against the senior party JAINAGESH A. SEKHAR and VITTORIO DE NORA;
FURTHER ORDERED that senior party, JAINAGESH A. SEKHAR and VITTORIO DE
NORA, is not entitled to a patent containing claims 71-80 and 84 (corresponding to the count) of
application 08/666,870; and it is
FURTHER ORDERED that a copy of this judgment be made of record in application 08/666,870
and in the file of Patent 5,492,604.
______________________________)
FRED E. McKELVEY )
Senior Administrative Patent Judge )
)
)
______________________________) BOARD OF PATENT
RICHARD E. SCHAFER ) APPEALS AND
Administrative Patent Judge ) INTERFERENCES
)
)
______________________________)
RICHARD TORCZON )
Administrative Patent Judge )
)
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