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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Last modified: November 3, 2007