MONACO et al. V. KALINA et al. - Page 2




          Interference No. 104,267                                                    
          Monaco v. Kalina                                                            

          it is stated: “Junior Party Monaco et al. (Monaco) hereby                   
          abandons the contest as to the sole Count (Count 1) in this                 
          interference pursuant to 37 C.F.R.  1.662.”  Under 37 CFR                 
          1.662(a), the abandonment of contest is treated as a request                
          for entry of adverse judgment against junior party Monaco.                  
               Paper No. 29 further includes party Monaco’s discussion                
          of why it believes the subject matter of the count and the                  
          claims of the parties which have been designated as                         
          corresponding to the count are unpatentable over certain                    
          alleged prior public use, as well as evidence of that alleged               
          prior public use.                                                           
               Also pending before the Board is Kalina’s preliminary                  
          motion 1 (Paper No. 25) for judgment against Monaco’s claims                
          62 and 63 on the ground of an on-sale bar under 35 U.S.C.                  
          102, and Kalina’s miscellaneous motion 2 (Paper No. 26) to                  
          take testimony to support Kalina’s preliminary motion 1.                    
               Monaco’s request for entry of adverse judgment is                      
          granted.                                                                    
               We decline to take up the issue of whether Kalina’s                    
          claims are patentable over the public use alleged by party                  
          Monaco, in light of party Monaco’s failure to file a                        

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