Interference No. 104,267
Monaco v. Kalina
preliminary motion for judgment and party Monaco’s abandonment
of the contest.
In light of the granting of Monaco’s request for entry of
adverse judgment, Kalina’s preliminary motion 1 and
miscellaneous motion 2 are moot and thus herein dismissed.
It is
ORDERED that judgment as to the subject matter of Count 1
is awarded against junior party JAY P. MONACO, JULIUS I.
PERCHETS, and MARK P. SCOTT;
FURTHER ORDERED that junior party JAY P. MONACO, JULIUS
I. PERCHETS, and MARK P. SCOTT are not entitled to a patent
containing their claims 62 and 63 which correspond to the
count;
FURTHER ORDERED that judgment as to the subject matter of
the count is awarded in favor of senior party HARRY B. KALINA,
CHARLES T. BOMGARDNER, and RICHARD N. HODGES; and
FURTHER ORDERED that the judge’s copy of Paper No. 29 of
this interference is placed in the file of senior party’s
involved Patent 5,642,823.
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